A FAILED asylum seeker may yet stay in this country despite being locked up twice for using fake ID documents, a court heard.

First Algerian Mebrouk Noucier, 30, was caught trying to leave the UK on a false French passport after his asylum bid failed, said prosecutor Rob Galley at York Crown Court.

Then he tried to trick immigration officers with a fake French ID card after they raided Lighthouse Fisheries, in Hull Road, York, where he was working.

A week after the raid, he started a human rights appeal to stay in the UK. His barrister, Mark McKone, said Noucier wanted to stay with his six-year-old British son and girlfriend and his solicitors believed he had a good chance of succeeding.

"He is someone who has been law-abiding and hard-working," said Mr McKone.

"He poses no danger to other citizens in this country."

Judge Paul Hoffman, the Recorder of York, locked up Noucier for 15 months for the fake ID card, but decided against recommending Noucier for deportation when he finishes his sentence.

He warned Noucier that the Home Office would bear in mind that "you are a man who doesn't scruple to use a false document again" when deciding whether to let him stay in Britain.

Noucier, of Burrill Avenue, Clifton, York, pleaded guilty to having a false ID card with intent to use it.

Mr Galley said Noucier lost an asylum bid in December 2000 and an appeal against that decision in March 2001.

On April 14, 2004, Horseferry Road magistrates in London jailed him for four months for using a false French passport.

Mr McKone said he had been trying to leave this country so he and his girlfriend could get married in Belgium as it was difficult for them to marry in the UK. Noucier arrived in this country under his own name.

Mr Galley said Noucier gave a false name and claimed to be French when immigration officers raided the fish and chip shop on June 26 this year.

He had an out-of-date Algerian passport.

His girlfriend later handed over the fake French ID card, which Noucier claimed was his, but it had five flaws that showed it was false.