Mr EX

Mr EX, a Syrian national, arrived at Heathrow airport in November 2013. He was unable to present a valid passport when he approached Immigration Control and claimed asylum.

Mr EX stated that he fled Syria in October 2013 in fear of the Assad regime which he believed suspected him of belonging to the Free Syrian Army. He had travelled by car to Lebanon and from there had flown to Turkey and on to the UK.

He was arrested and interviewed by police and charged with failing to produce a satisfactory immigration document.

He was advised by lawyers that he had no defence to the charge. He pleaded guilty at Uxbridge Magistrates’ Court in November 2013 and was sentenced to three months’ imprisonment.

In June 2014, Mr EX was granted asylum with five years’ leave to remain. He applied to the CCRC for a review of his conviction in November 2014.

Following review, the CCRC concluded that Mr EX had a statutory defence to the charge on which he was convicted available to him under section 2(4)(c) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2000, namely a “reasonable excuse” for failing to produce a valid immigration document.

The legal advice provided to Mr EX deprived him of that defence. On the evidence available, it was likely that the defence would have succeeded.

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

The CCRC referred the conviction in June 2020.

The Crown Court quashed the conviction in May 2015.