Mr E

Mr E was convicted in May 2006 after he pleaded guilty at Harlow Magistrates’ Court to using a false instrument with intent (contrary to section 3 and 6 Forgery and Counterfeiting Act 1981). He was sentenced to 12 months’ imprisonment.

He could not appeal against his conviction because there is no right to appeal following a guilty plea in Magistrates’ Court.

Mr E, an Iranian national, was arrested after he arrived at Stansted Airport and presented a false French identity document. He eventually admitted that the document was false and sought to claim asylum.

In 2009, the Home Office granted Mr E asylum with five years’ leave to remain in the UK and he subsequently became a naturalised UK citizen. This followed a successful appeal to the Asylum and Immigration Tribunal which found Mr E’s account that he would be in danger if return to Iran was credible.

He applied to the CCRC in February 2017.

Following review, the CCRC concluded that, following the House of Lords’ judgment in the case of R v Asfaw, Mr E would have had a statutory defence to the charge on which he was convicted available under section 31 of the Immigration and Asylum Act 1999.

Consequently, there was a real possibility that the Crown Court would allow Mr E to vacate his guilty plea and, if he was re-prosecuted, stay the proceedings as an abuse of process.

The CCRC referred the conviction in February 2020.

The Crown Court quashed the conviction in February 2021.