Nazarian, Njdik

Njdik Nazarian was convicted in April 1996 of possession of a false instrument with intent to use it as genuine and attempting to obtain services by deception. Mr Nazarian received a sentence of two months’ imprisonment.

The CCRC received an application for review of the conviction in October 2002.

Mr Nazarian had been arrested at Heathrow Airport attempting to board a flight to Canada with a false passport.

The offences were committed by Mr Nazarian in circumstances relating to his quest for asylum. He had fled religious persecution in Iran where his life was in danger were he to return.

Section 31 of the Immigration and Asylum Act 1999 gave effect to provisions of the UN Refugee Convention and provided a special statutory defence to certain offences associated with immigration, such as the use of a false passport.

The defence applied to a person who had “come to the United Kingdom directly from a country where his life or freedom was threatened (within the meaning of the Refugee Convention)”.

Mr Nazarian subsequently pleaded guilty at Magistrates’ Court, being unaware that the special defence under the Immigration and Asylum Act was available to him.

Mr Nazarian was convicted and sentenced without any reference to Article 31 of the Refugee Convention being made at any stage at all.

It was clear from the events that occurred from Mr Nazarian’s arrest to his sentencing that his lawyers, the prosecution (including the police), and the court were aware that he was an asylum seeker.

However, neither the defence nor the prosecution adverted to Article 31.

The CCRC referred the conviction in June 2005 on the grounds that the prosecution was an abuse of process having regard to the breach of Mr Nazarian’s legitimate expectations, which arose at common law, that he would enjoy the protection of Article 31 throughout his quest to claim asylum in Canada.

The Crown Court quashed the conviction in October 2005.