AN illegal immigrant who faked Home Office permission to try and stay in the UK has been recommended for deportation.

Sarfaraj Patel's counsel urged a judge to allow him his freedom to have a farewell party. The judge gave the defendant, who has already booked a flight back to India tonight a suspended jail term - but he was arrested by immigration officials the moment he stepped out of the dock. They will make sure Patel, 23, living in Blackburn, gets on the plane, Burnley Crown Court heard.

Patel, who used an Indian passport with a forged Home Office stamp in a bid to get a driving licence, was given a nine month jail term, suspended for a year. He had no previous convictions. Sentencing the defendant Recorder Beverley Lunt said using fake documents to try and stay in this country was very serious and it was quite right custody should be imposed.

The judge said the case was exceptional because she had seen documents relating to Patel's return to his homeland - and he wanted to go home.

Patel, of Altham Street, Blackburn, admitted using a false instrument.

Kevin Donnelly, prosecuting, said Patel came to Britain late in 2000 or early 2001 and in July 2003 sent a postal application to the DVLA. It included a passport bearing a stamp which appeared to be from the Home Office and seemed to show the defendant had been granted indefinite leave to stay in the Uk. Concerned staff contacted the Home Office but there was no record of Patel being granted indefinite leave to remain. Patel was arrested in February and taken to Blackburn police station.

Mr Donnelly said Patel also had a document claiming to come from the Home Office and that too was a forgery. The prosecutor told the court the defendant did not have any right to remain in the UK. Immigration officials would keep him in detention until he could be put on the flight to India.

Anthony Morris, defending, said a farewell party was planned for Patel after the case. If he was allowed his liberty a travel agent who was going on the flight with him to India would deliver him to his family's door when they got there.