Mr EL

Mr EL was convicted in January 2012 of possession of an identity document with improper intention and received a sentence of 12 months’ imprisonment less 11 days spent remanded in custody.

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

Mr EL, an Iranian national, was arrested after arriving at London Heathrow Airport to board a flight to Toronto with a false French passport. He later pleaded guilty to an offence under the Identity Documents Act 2010.

The offence took place in the context of Mr EL’s quest for asylum as a result of religious persecution in Iran. In January 2013, the First Tier Tribunal allowed Mr EL’s appeal against an earlier Home Office decision to deny him asylum and deport him.

Following review, the CCRC concluded that Mr EL had a statutory defence to the charge on which he was convicted available to him under section 31 of the Immigration and Asylum Act 1999.

It was likely that the legal advice provided to Mr EL deprived him of that available defence. On the evidence available that defence would quite probably have succeeded.

Consequently, there was a real possibility that the Court of Appeal would set aside Mr EL’s guilty plea and conclude that in all the circumstances it should not uphold the conviction.

The CCRC referred the conviction in June 2014.

The Court of Appeal quashed the conviction in December 2014.