Mr ET

Mr ET, an Iranian national, had arrived at Stansted Airport in February 2006 in possession of a counterfeit Belgian passport and was challenged by an immigration officer. Mr ET stated that he was fleeing Iran and wished to claim asylum.

He was subsequently arrested on suspicion of using a false instrument, contrary to section 3 of the Forgery and Counterfeiting Act 1981.

In interview, Mr ET explained that he had been monitored by the Iranian government because of his political activities and that they had thereby discovered that he was homosexual; homosexuality was illegal in Iran and punishable by death.

Mr ET was advised by a solicitor that he had no defence under s.31 of the Immigration and Asylum Act 1999 to the charge of using a false instrument. He therefore pleaded guilty at Harlow Magistrates Court on 6th February 2006.

His case was committed to for sentence at Chelmsford Crown Court where he was sentenced to 12 months’ imprisonment.

Because Mr ET pleaded guilty in Magistrates’ Court he was not entitled to appeal against his conviction. He applied to the CCRC for a review of his case in February 2014.

Following review, the CCRC concluded that Mr ET had a statutory defence to the charge on which he was convicted under the Immigration and Asylum Act 1999.

Following Mr ET’s conviction, a Tribunal had found that Mr ET would face persecution if returned to Iran, meeting the criteria for refugee status. He was subsequently granted asylum.

Mr ET was therefore deprived a defence that would probably have succeeded, raising a real possibility that the Crown Court would set aside his guilty plea and in all the circumstances would not uphold the conviction.

The CCRC referred the conviction in February 2015.

The Crown Court quashed the conviction in May 2015.