A FAILED asylum seeker living in Hampshire who "wasted" money on smoking has been refused an award of damages after his human rights were breached by the Home Secretary's refusal to pay his travel expenses to see his young son.

The Iranian national, who was convicted of rape and faces deportation moves, won a High Court ruling on November 5 that he should have received help out of public funds to pay for the Portsmouth-Canterbury journey.

Deputy High Court judge Michael Kent QC, sitting in London, then had to consider whether the father, who can only be identified as MG, should receive damages for the "unjustifiable interference" with his right to a family life protected by Article 8 of the European Convention on Human Rights.

Today Judge Kent rejected MG's claim on several grounds. These included MG's character as revealed by his conviction for a serious sexual offence.

It also took into account the fact that the Home Secretary has now agreed to fund travel for fortnightly visits to his son.

The judge stressed he was only dealing with a damages claim by the father who had always been at high risk of deportation and losing contact with his son - and not a joint claim involving the child.

MG's lawyers argued in his compensation claim that he had suffered symptoms of depression and anxiety as a result of the restrictions on him seeing his son.

But the judge said it was relevant to the claim that MG "has been spending a considerable proportion of his limited means on smoking".

When he was not being provided with additional funds "he wasted such a large part of his means in that way," said the judge.

That shed light "on how much he has been affected by the problem he faced travelling to see his son - otherwise he would surely have given priority to the cost of return tickets to Canterbury over his smoking habit".

Refusing to award damages, the judge said he had taken into consideration MG's smoking habit, in combination with other factors that showed it was not "just and appropriate" to make an award.

The judge said problems had arisen because MG could not live with the mother of his child in Canterbury, Kent, because their relationship had broken down.

Kent, a county with several ports, including Dover, was already full of asylum seekers and could not house him.

He had been provided with accommodation at Cosham near Portsmouth and provided with £36.62 per week - now £36.95 - the standard amount the Government has to pay to asylum seekers who would otherwise be destitute.

As a failed asylum seeker, MG was not permitted to work, save in "shortage occupations", or jobs requiring skills which were locally in short supply. That was something MG could not offer.

His accommodation was some 130 miles from where his former partner and son K lived, and a day return fare for the journey of three and three-quarter hours was £13.55.