Mr FR

Mr FR, a Pakistani national, arrived at Heathrow Airport in November 2004. He was not able to produce a valid passport at Immigration Control.

He claimed Asylum in the UK on the basis that his life was in danger if returned to Pakistan and he had an asylum screening interview.

Mr FR was arrested and charged with failing to have an immigration document at an asylum interview, contrary to section 2(1) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004.

On legal advice, he pleaded guilty at Uxbridge Magistrates’ Court the same month. He was sentenced to four months’ youth custody.

Mr FR was granted indefinite leave to remain in the UK in June 2010. He successfully applied for UK citizenship in 2015.

The CCRC received an application for review of the conviction in March 2016.

Following review, the CCRC concluded that Mr FR had a statutory defence to the charge on which he was convicted under the 2004 Act, namely a “reasonable excuse” for failing to produce an immigration document at an asylum interview.

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

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

The CCRC referred the conviction in March 2018.

The Crown Court quashed the conviction in June 2018.