Estifanos, Nebiyat

Nebiyat Estifanos was convicted in May 2006 of failure to produce a satisfactory immigration document and received a sentence of three months’ imprisonment.

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

Ms Estifanos, an Eritrean national, had presented at an immigration desk without any documents and claimed Asylum.

She subsequently pleaded guilty to failing to produce a passport contrary to the Immigration and Asylum (Treatment of Claimants) Act 2004.

The CCRC considered that in light of the judgment in the case of Thet v Director of Public Prosecutions (2006), Ms Estifanos had a statutory defence in relation to the charge of failing to produce an immigration document, namely a “reasonable excuse”.

Ms Estifanos had been persecuted on the grounds of religion by the Eritrean authorities and was therefore unable to obtain a passport.

Had this defence been run at trial, Ms Estifanos would probably have succeeded.

The CCRC concluded that there was a real possibility the Crown Court would agree to vacate Ms Estifanos’ guilty plea and then order a stay of proceedings or, if she was re-prosecuted, that she would be acquitted.

The CCRC referred the conviction in January 2013.

The Crown Court quashed the conviction in March 2013.