By OLINKA KOSTER

Last updated at 23:13 02 May 2008

Linkoy Muhuri, who raped a frail mother of three, claims he faces dangers in his own country

A man who raped a frail mother of three while HIV positive is trying to escape deportation.

Linkoy Muhuri, a failed asylum seeker from the Congo, claims he faces dangers in his own country because of his medical condition and his ethnicity.

The former hairdresser, 40, was jailed for ten years after attacking the Aids counsellor, 34, who has sickle cell anaemia and had her feet covered in bandages at the time.

During his prison sentence, he has been eligible for free treatment for HIV worth tens of thousands of pounds.

Despite a judge recommending him for deportation on his release, his wife and two children were allowed to stay in Britain so they could visit him.

Muhuri, who came to Britain in 1999, has now served his sentence. But appearing before an Asylum and Immigration Tribunal in Brentford, West London, yesterday he produced more reasons as to why he should be allowed to stay.

As well as medical and family reasons, his lawyer secured him a two-month reprieve by arguing that his "ethnicity" could put him in danger in the Congo.

While his father is Congolese, his mother is Rwandan and may have been involved in politics, the tribunal heard.

Muhuri, who is understood to be a Hutu, also claims he was tortured in the Democratic Republic of the Congo for his political views.

He was originally denied asylum because Home Office officials did not believe he was fleeing for his life.

Yesterday, immigration judge Lynn Verity delayed the full deportation hearing until June to give the Home Office the opportunity - if it wished - to look into Muhuri's latest claim.

She added that a full four-hour hearing would be required to hear all the "complex issues" in his case, including his "medical issue" and the "regard to family life".

"This is not part-heard, we haven't even started yet," she said.

During the hearing Muhuri, who was dressed smartly in a suit and tie, glanced at two women, believed to include his wife, in the public gallery.

Grace Brown, for Muhuri, said he felt the "interests of justice" may not be served if the Home Office were not given time to review his claim.

Muhuri raped his victim seven years ago, three and a half months after marrying his girlfriend Nothemba Jozi in North London.

He lived in Tottenham at the time. It will be up to the asylum and immigration panel to make a final decision on deportation. However, Muhuri could then still appeal.