Mr FH

Mr FH was convicted in June 2012 of possession of an identity document with improper intent and received a sentence of 12 months’ imprisonment.

The CCRC received an application for review of the conviction in November 2012.

Mr FH, an Iranian national, was arrested after arriving at Birkenhead ferry terminal with a false French passport. He claimed asylum in the UK on the basis that he was in danger from political persecution if returned to Iran.

Mr FH later pleaded guilty to an offence under the Identity Documents Act 2010.

In July 2013, the Home Office rejected Mr FH’s asylum claim and he appealed to the first-tier Asylum and Immigration Tribunal. In November 2013, the Tribunal recognised Mr FH as a refugee.

Following review, the CCRC concluded that Mr FH 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, namely a “reasonable excuse”.

The legal advice provided to Mr FH deprived him of the opportunity to present that defence. On the evidence available, the defence would probably have succeeded.

Consequently, there was a real possibility the Court of Appeal would set aside Mr FH’s guilty plea and conclude that in all the circumstances it should not uphold the conviction.

The CCRC referred the conviction in January 2016.

The Court of Appeal quashed the conviction in February 2016.