Mr FU

Mr FU, an Iranian national, arrived at Stansted Airport in August 2009 and immediately claimed asylum on the basis that he was at risk of political persecution if returned to Iran, but did not have a passport or any other form of immigration document.

He was arrested and charged with failing to produce 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 Chelmsford Crown Court in August 2009.

In December 2010, Mr FU was granted asylum by the Immigration Tribunal and leave to remain in the UK until December 2015.

The Tribunal found that there was a real risk that, if Mr FU were returned to Iran, he would be treated in such a way by the authorities so as to breach his rights under Article 3 of the European Convention on Human Rights.

The CCRC received an application for review of the conviction in July 2015.

Following review, the CCRC concluded that Mr FU had a statutory defence to the charge on which he was convicted available to him under section 2 of the Asylum and Immigration (Treatment of Claimants) Act 2004, namely a “reasonable excuse” for not producing a valid immigration document.

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

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

The CCRC referred the conviction in March 2018.

The Court of Appeal quashed the conviction in June 2018.