Mr C

Mr C is an Iranian national who was involved over a number of years with anti-government activity in his country. He was imprisoned on a number of occasions and tortured.

In March 2011, in fear of his life, he fled overland to Turkey. From there he travelled by sea to Greece where agents/people traffickers took his Iranian passport and provided him with a false document. In September 2011 he used that false passport to board a flight from Greece to Manchester. During the flight he gave the false passport back to the agent.

After landing he told airport staff he had no passport and he was arrested.

Four days later he appeared at Trafford Magistrates’ Court, where, having been advised to do so by a solicitor, he pleaded guilty to the charge of failing to provide a valid immigration document contrary to section 2(1) of the Asylum and Immigration (Treatment of Claimants) Act 2004. He was sentenced to four months’ imprisonment.

Early in 2012, the Home Office granted asylum and leave to remain for five years. In January 2017, Mr C applied for indefinite leave to remain, but was refused and instead granted leave until 2020.

In November 2017 Mr C applied to the CCRC for a review of his case.

Following review, the CCRC concluded that Mr C had a statutory defence to the charge on which he was convicted available to him under section 2 of the 2004 Act, namely a “reasonable excuse” for failing to produce a genuine immigration document.

The legal advice provided to Mr C was likely to have deprived him of a defence that would probably have succeeded.

Consequently, there was a real possibility that the Crown Court would allow Mr C to vacate his guilty plea and in all the circumstances would not uphold the conviction.

The CCRC referred the conviction in July 2019.

The Crown Court quashed the conviction in December 2019.