Mr FT

Mr FT, a Somali national, arrived at Heathrow Airport in July 2006. He was not able to produce a valid passport at Immigration Control. He claimed asylum in the UK on the basis that he was at risk of ethnic persecution if returned to Somalia.

Mr FT was arrested and in interview stated that he had never been issued with a Somali travel document. An agent had supplied him with a passport to enter the UK which he had returned to the agent.

Mr FT was 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 in July 2006 at Uxbridge Magistrates’ Court. He was sentenced to five months’ imprisonment.

Mr FT was granted asylum in the UK in July 2008 with five years’ leave to remain. He was later granted indefinite leave to remain.

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

Following review, the CCRC concluded that Mr FT had a statutory defence to the charge on which he was convicted, namely a “reasonable excuse”.

The legal advice provided to Mr FT deprived him of that defence. On the evidence available, that defence would probably have succeeded.

Consequently, there was a real possibility the Crown Court would agree to vacate Mr FT’s guilty plea and then order a stay of proceedings or, if he was re-prosecuted, that he would be acquitted.

The CCRC referred the conviction in March 2018.

The Crown Court quashed the conviction in June 2018.