Ms W

In November 2009, Ms W travelled overland from Iran to Turkey. She subsequently flew from Turkey to Heathrow Airport via an unknown Asian airport. She did not have a valid passport with her.  

Ms W claimed asylum on arrival on the basis that she faced political persecution, and her life was in danger if returned to Iran. She had been provided with a false French passport for her journey which she had destroyed.  

On legal advice, she pleaded guilty on 30 November 2009 at Uxbridge Magistrates’ Court to failure to produce an immigration document, contrary to the Asylum and Immigration (Treatment of Claimants) Act 2004.  

Following her release from prison, Ms W attended an asylum interview in February 2010 and was granted asylum. In May 2015, she was granted indefinite leave to remain.  

Ms W applied to the CCRC in November 2021 and, following a thorough review, the CCRC has found that she had a statutory defence to the charge on which she was convicted under section 2 of the 2004 Act, namely a “reasonable excuse” for failing to produce a valid passport.  

The legal advice provided to Ms W appears to have deprived her of that available defence. 

Consequently, there is a real possibility Ms W’s conviction will be quashed by the Crown Court.

The CCRC referred the conviction in October 2024.