Ms P

Ms P, an Iranian national, arrived at Heathrow Airport in April 2015 without a passport. She claimed asylum in the UK on the basis that she had converted to Christianity and was at significant risk of persecution and harm if returned to Iran.

She was arrested and charged with failing to produce an immigration document, contrary to section 2 (1) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004. On legal advice, she pleaded guilty the same month at Uxbridge Magistrates’ Court. She received a sentence of three months’ imprisonment.

In August 2015, Ms P was granted Asylum by the Home Office with five years’ leave to remain in the UK.

The CCRC received an application for review of the conviction in January 2017.

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

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

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

The CCRC referred the conviction in March 2018.

The Crown Court quashed the conviction in May 2018.