Kakaei, Fouad
In December 2019 a Coastal Patrol Vessel intercepted a small boat in the English Channel carrying 11 people.
One man, Fouad Kakaei, claimed asylum. He was later charged on suspicion of illegal entry to the UK. He pleaded guilty in magistrates’ court and was sentenced to four months’ imprisonment.
In March 2020 he was also charged with facilitating the illegal entry of migrants.
His representatives argued that the intention of those on board the small boat was to be rescued at sea and claim asylum legally on arrival. Therefore, no breach of any immigration law could be said to have been facilitated.
A judge ruled this did not afford Mr Kakaei a defence. He pleaded guilty and was sentenced to 26 months’ imprisonment.
On appeal, the facilitation case was sent for re-trial where he was acquitted.
In May 2022, Mr Kakaei was granted asylum with five years’ leave to remain.
The CCRC received an application for review of the illegal entry conviction in August 2021.
The CCRC considered whether the law relating to illegal entry was misunderstood by those investigating and prosecuting the case, and by Mr Kakaei’s then legal representatives, resulting him being erroneously charged with illegal entry and wrongly advised to plead guilty.
On a correct understanding of the law as it stood on the date of Mr Kakaei’s arrival, he had merely ‘arrived’ in the UK as an asylum seeker. He had not ‘entered’ the UK as defined in the relevant legislation.
Consequently, he was not guilty of an offence.
The CCRC referred the conviction in November 2023.
The Crown Court quashed the conviction in April 2024.