Ms E

Ms E arrived at Gatwick Airport on a flight from Turkey in September 2009. She presented herself at Immigration Control without a passport stating that she was an Iranian national who wished to claim asylum. She said she had been involved in political demonstrations in Iran and was in fear of the authorities there.

Ms E had left Iran a month earlier and travelled on foot to Turkey where she surrendered her Iranian passport to an “agent” who arranged her passage to the UK.

She was arrested at Gatwick and charged failing to produce an immigration document, contrary to section 2(1) of the Asylum and Immigration (Treatment of Claimants) Act 2004.

The following day, on the advice of a solicitor, Ms E entered a guilty plea at Crawley Magistrates’ Court. She was sentenced to three months’ imprisonment.

In 2010, the Home Office recognised Ms E as a refugee; in 2015 she was granted indefinite leave to remain in the UK. Ms E was not able to appeal against her conviction.

In November 2017 she applied to the CCCRC for a review of her case.

Following review, the CCRC concluded that Ms E had a statutory defence to the charge on which she was convicted under section 2 of the 2004 Act, namely a “reasonable excuse” for not producing a genuine immigration document.

The legal advice provided to Ms E deprived her of that defence. On the evidence available it was likely that the defence would have suceeded.

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

The CCRC referred the conviction in March 2019.

The Crown Court quashed the conviction in May 2019.