Yahyaei, Ahmad

Ahmad Yahyaei, an Iranian national, arrived in the United Kingdom in February 2011 on a flight from Toulouse to Gatwick Airport. He was stopped on suspicion of being in possession of a false identity document, namely an Israeli passport.

When challenged he admitted that the passport was not his and said he wished to claim asylum in the UK on the basis that he had fled Iran where his life was in danger.

Mr Yahyaei was arrested and interviewed in the presence of the duty solicitor and an interpreter on 13 February 2011. He was charged with possession of a false passport with intent, and with possession of a false document without reasonable excuse.

On the advice of the solicitor, in April 2011 Mr Yahyaei pleaded guilty at Lewes Crown Court to the second count (possession of a false document without reasonable excuse) and was sentenced to six months’ imprisonment.

Mr Yahyaei was granted asylum in the UK by the Home Office in May 2013. He applied to the CCRC for a review of his conviction in October 2012.

Following review, the CCRC concluded that Mr Yahyaei had a statutory defence to the charge on which he was convicted available to him under section 31 of the Immigration and Asylum Act 1999.

The legal advice provided to Mr Yahyaei did not adequately explain the parameters of the Section 31 defence.

On the evidence available it was probable that the defence would have succeeded and, as a result, there was a real possibility the Court of Appeal would set aside Mr Yahyaei’s guilty plea and conclude that in all the circumstances it should not uphold his conviction.

The CCRC referred the conviction in May 2015.

The Court of Appeal upheld the conviction in February 2016.