Afshar, Saeideh

Saeideh Afshar was convicted in April 2012 of possession of identity documents with intent and received a sentence of eight months’ imprisonment.

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

Ms Afshar, an Iranian national, was arrested after arriving at Heathrow Airport with a false Austrian passport. She claimed that she was fleeing political persecution in Iran. She later pleaded guilty to an offence under the Identity Documents Act 2010.

In July 2012, Ms Afshar made an application for asylum in the UK. In August 2012, she was granted asylum and five years’ leave to remain in the UK.

Following review, the CCRC concluded that Ms Afshar had a statutory defence to the offence for which she was charged available to her under the Immigration and Asylum Act 1999.

The legal advice provided to Ms Afshar deprived her of that available defence. On the evidence available, it was probable that the defence would have succeeded.

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

The CCRC referred the conviction in June 2013.

The Court of Appeal quashed the conviction in July 2013.