Chikho, Roudi
Roudi Chikho, a Syrian citizen of Kurdish ethnicity, arrived at Gatwick Airport on a flight from Spain in December 2012. He was stopped on suspicion of being in possession of a false passport.
He tried to give a false date of birth and claimed to be a tourist, but when challenged he gave his real name and claimed asylum in the UK. Mr Chikho said he had fled from Syria because he was wanted by the regime and was in fear for this life.
Mr Chikho was charged with possession of a false passport with intent under section 4 of the Identity Documents Act 2010.
On advice from his solicitor, Mr Chikho pleaded guilty at Lewes Crown Court in January 2013 and was sentenced to 12 months’ imprisonment. In February 2013 Mr Chikho was granted asylum and given five years’ leave to remain in the UK.
He applied to the CCRC in March 2015.
Following review, Following review, the CCRC concluded that Mr Chikho 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 Chikho deprived him of that defence. On the evidence available, it was likely that the defence would have succeeded.
Consequently, there was a real possibility the Court of Appeal would set aside Mr Chikho’s guilty plea and in all the circumstances not uphold the conviction.
The CCRC referred the conviction in October 2015.
The Court of Appeal quashed the conviction in October 2016.