A migrant from Algeria who threatened to torch his two daughters and ex-girlfriend cannot be thrown out of Britain - because of his 'right to a family life'.

The Algerian national, who cannot be named for legal reasons, was ruled a danger to his daughters, now five and seven, by social workers.

A Child Protection Plan even forbids him from living with them in the West Midlands.

The 42-year-old was imprisoned for 15 months in 2012 after Wolverhampton Crown Court heard he vowed to burn down his house with his children and their Angolan mother inside.

A case at the immigration and asylum Upper Tribunal chamber (pictured) heard that the Algerian migrant should be allowed to remain in the UK - despite threatening to kill his former girlfriend and children

But despite that, the migrant has won the right to remain in the UK.

Tory MP Philip Hollobone said he was disgusted by the decision.

He told the Sun on Sunday: 'This is exactly why the Human Rights Act should be scrapped.

'Any foreign national convicted of a crime should be deported and banned from ever returning.

Conservative MP for Kettering Philip Hollobone said it was farcical to let the Algerian, 42, remain in the UK

The immigrant arrived in the UK in December 2003 when he paid smugglers to get him in. He claimed asylum the next day giving a false name and date of birth.

His claim was refused in February 2004, but his two separate appeals were both dismissed.

He remained in the UK, however, and six years later he was convicted at Brent Magistrates' Court of drink driving.

Then two years later, he was jailed for 15 months and Home Secretary Theresa May signed a deportation order to send him back to his native country when he was freed.

An immigration tribunal was even told deporting him would not have a detrimental effect on his children.

The father-of-two was given a deportation order after he was jailed for 15 months in 2012 at Wolverhampton Crown Court (pictured) - but he has now been granted the right to remain in the UK

However, Judge Conway allowed him to remain in the country.

He said: 'You have been punished enough and I do not think further supervision is going to help you.

'What will help you is trying to get on the rails with your family and your children and I know that you are determined to do that.

You made a very serious mistake but you are not a danger to the public and you are not a fire raiser.'

A spokesman for the Home Office told MailOnline: 'Foreign criminals have abused human rights for far too long and claimed that their right to a family life in Britain outweighs the impact of their crimes on their victims.

'The new Immigration Act will make it even harder for foreign criminals to launch spurious appeals to stay in country by cutting the number of appeal rights from 17 to four.

'It will also allow a deport first, appeal later approach for some foreign criminals making Article 8 claims.