John Grogan is demanding an explanation from Home Secretary Jacqui Smith over the “incredible state of affairs” involving Dun Lun Hu. The 36-year-old spent his time in the UK flogging pirate DVDs, and was finally caught by police at The Elizabethan pub in Selby on Friday.

He was immediately taken to custody, but when he appeared before magistrates on Monday, UK Border Agency officials decided not to collect him and sent a letter instead asking him to turn up at their offices the next day.

Magistrates were then forced to let Hu go after he was handed a three-month conditional discharge for admitting six charges of selling pirate DVDs.

Steve Ovenden, prosecuting, said: “For five years or so he has been off the radar.

“I’m frankly unsure he will attend the immigration offices. He has been given a letter because the department hasn’t attended to collect him.”

Mr Grogan said: “I will be writing to the Home Secretary Jacqui Smith asking for an explanation for this incredible state of affairs.

“And I will want to know why this man, who has committed a serious offence and has been staying in this country illegally for the past five years, hasn’t been detained by the immigration authorities.”

A spokesman for the UK Border Agency said: “We will always target the most harmful people first. Where appropriate, we will impose strict restrictions on those seeking to remain in the UK and ultimately seek to remove them.

“The UK Border Agency provides support to the police 24 hours a day, 365 days a year.”