Mr FV

Mr FV, an Iranian national, arrived at Heathrow Airport in September 2010. He was not able to produce a valid passport at Immigration Control. He claimed asylum in the UK on the basis that he was at risk of political persecution if returned to Iran.

Mr FV was arrested and charged with failing to have an immigration document at an asylum interview, contrary to section 2(1) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004. On legal advice, he pleaded guilty at Uxbridge Magistrates’ Court the same month. He received a sentence of two months’ imprisonment

Mr FV was granted asylum in the UK in November 2010 with five years’ leave to remain. In June 2016, he was granted indefinite leave to remain.

The CCRC received an application for review of the conviction in February 2016.

Following review, the CCRC concluded that Mr FV had a statutory defence to the charge on which he was convicted under section 2 of the 2004 Act, namely a “reasonable excuse”.

The legal advice provided to Mr FV was likely to have deprived him of a defence that would probably have succeeded.

There was therefore a real possibility the Crown Court would allow Mr FV to vacate his guilty plea and in all the circumstances would not uphold the conviction.

The CCRC referred the conviction in March 2018.

The Crown Court upheld the conviction in march 2019.