A WAITER facing deportation to his strife-torn homeland was free today as he awaited the outcome of an asylum claim.

Algerian national Mesbah Nana, 26, was arrested six days ago at Florios Restaurant, Malton, where he had worked for the last three years.

He was held at Malton Police Station and then at an immigration detention centre in Manchester.

Mr Nana came to Britain in 1994 to study at Sheffield Hallam University.

But he did not take up the course and failed to leave the country when his permission to stay expired.

Instead, he started working at Florios, where he was known as Vicenzo or Vinnie. Such was his popularity with customers that there was considerable local support for him when he was arrested.

His supporters were overjoyed when he was released yesterday afternoon and returned to Malton.

"It's unbelievable," Mr Nana said.

"I'm really happy to be out because I haven't seen the sky for five days. The thing is still sinking in."

He paid tribute to his supporters.

"I would never be able to thank them enough, and also I want to thank Malton Police Station, because I was there for three days and they were really nice to me."

He was awaiting an interview with immigration officers and had no idea what would happen to him.

But his supporters were just pleased he was free, including Anita Ospedale, of Sycamore Avenue, Malton.

She was stunned to see him walking in the town shortly after his release.

She said she and her family had been gathering signatures in his support.

"He's a wonderful boy," she added. "Everybody loves him."

Martin Dales, a former Mayor of Malton who has backed his case, said he hoped it meant he would not be rushed back to Algeria.

"I'm very pleased and very relieved for him. At least in humanitarian terms it's the right decision."

A spokesman for the Immigration Service said Mr Nana had been arrested for overstaying in Britain.

But he had claimed asylum, which meant he had to prove he had a well-founded fear of persecution in Algeria.

His claim would be processed in the normal way.

Meanwhile he was free, but must co-operate with immigration officers.

Ryedale MP John Greenway said he had not been asked to intervene.

"He has a right to appeal and these matters must take their course, but it will take some time," he said.

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