The Criminal Cases Review Commission has referred the conviction of Richard Sohe to the Court of Appeal.
Mr Sohe, a national of Cameroon, was stopped on arrival at Gatwick Airport in January 2009 on suspicion of being in possession of a false identity document.
In his police interview, he confirmed his real identity and admitted that the French passport he had tried to use was supplied by those who arranged his travel. He said he was fleeing Cameroon where he was in danger from agents of the government pursuing him because of his political activities, and where he had already been tortured whilst in detention. He said he had intended to travel on to Canada to claim asylum but having been detained, he claimed asylum in the UK.