Ms M

Mrs M, a Cameroonian national, attempted to use a false passport to board a flight to Canada at Birmingham Airport in March 2007.

When questioned by an immigration officer she admitted that she had travelled to the UK from Nigeria in February 2007. She said that when she attempted to board the flight to Canada she was trying to get away from the man who brought her to the UK and was using a passport she took from him.

She was charged with having a false passport contrary to section 25(1) of the Identity Cards Act 2006.

On the advice of a solicitor Ms M pleaded guilty in May 2007 at Warwick Crown Court and was sentenced to eight months imprisonment.

Mrs S was granted leave to remain in the UK in July 2008. Ms M’s claim for asylum was granted on the basis that she was at risk of persecution based on her political beliefs and affiliations for the purposes of the Refugee Convention.

The CCRC received an application for review of the conviction in February 2014.

Following review, the CCRC concluded that Ms M had a statutory defence to the charge on which she was convicted available to her under section 31 of the Immigration and Asylum Act 1999.

The legal advice provided to Ms M deprived her of an available defence. On the evidence available it was probable that the defence would have succeeded and, as a result, there was a real possibility that the Court of Appeal would set aside her guilty plea and conclude that in all the circumstances it should not uphold Ms M’s conviction.

The CCRC referred the conviction in January 2016.

The Court of Appeal quashed the conviction in September 2016.