Lissan, Badreldin

Badreldin Lissan was convicted in May 2005 of failure to produce a satisfactory immigration document and received a sentence of four months’ imprisonment.

The CCRC received an application for review of the conviction in September 2013.

Mr Lissan, a Sudanese national, had presented to an Immigration Officer at Heathrow Airport stating that he was seeking asylum due to political persecution in Sudan and did not have his own passport. He was in fear of his life if returned to Sudan.

On legal advice, Mr Lissan subsequently pleaded guilty to failing to produce a passport contrary to the Immigration and Asylum (Treatment of Claimants) Act 2004.

Following review, the CCRC concluded that Mr Lissan had a statutory defence available to him in relation to the charge on which he was convicted, namely a “reasonable excuse”.

On 3 August 2006, just over two months after conviction, Mr Lissan was granted refugee status with five years’ leave to remain. In 2011 he was granted indefinite leave to remain in the UK. The Home Office accepted the credibility of his account that he did not have his original passport because it was taken away by the Sudanese regime.

The CCRC considered that had this defence been run at trial, Mr Lissan would probably have succeeded and it would therefore be an affront to justice to allow Mr Lissan’s guilty plea to stand.

Consequently, there was a real possibility the Crown Court would agree to vacate Mr Lissan’s guilty plea and then order a stay of proceedings or, if he was re-prosecuted, that he would be acquitted.

The CCRC referred the conviction in September 2014.

The Crown Court quashed the conviction in October 2014.