Jacqui Smith was ordered yesterday to ensure the return to Britain of a teenage asylum-seeker who was taken from his foster carer’s home in a 4am raid and removed to Austria.

The boy, aged 15, spent a night at a police station in Austria before spending three nights on the streets, until he was admitted to a hostel for adults.

The Home Office was accused in the High Court of failing to inform the Austrian authorities that the unaccompanied boy, who was in the care of social services, was only 15.

Mr Justice Collins condemmed as “arguably disgraceful” the way the “vulnerable minor” had been removed from Britain.

He ordered the Home Office to bring the boy, known for legal reason as J, back to his carer quickly. “I hope it will be done before Christmas,” the judge said.

He condemmed “the total lack of humanitarianism in this case” as he granted lawyers for the boy the right to mount a legal challenge to the legality of his removal.

The judge delivered a scathing attack on the way the Border and Immigration Agency arrived at the home of the teenager’s foster carer in southwest London at 4am one day last month and had him flown to Austria.

The judge said: “To bundle someone out – a vulnerable minor – by going round without any warning at four o’clock in the morning is, I think, arguably disgraceful.”

His foster carer said: “I am overjoyed that he is coming back. What happened was absolutely the worst nightmare. There was a very loud knock on the door. He went pale and was petrified when they took him.”

The boy, who is in the care of the London Borough of Richmond, arrived in England unaccompanied in December last year after first being smuggled into Austria.

He claimed asylum but Austria accepted that it was responsible for deciding his case under EU law, which says an asylum claim is dealt with by the first country a claimant enters.

Immigration officials went to his carer’s home in May but the boy was not there. They wrote to the council in November saying he was being treated as an absconder.

Rory Dunlop, appearing for the Home Secretary, said: “There was a reasonable suspicion that social services would let slip that information to the claimant as that was why he was not [at his carer’s home] on the previous occasion.”

Mr Justice Collins said: “That is a disgraceful approach. I find no possible justification for that.”

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