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Conviction for failing to produce an immigration document referred to the Crown Court 

Published:

The Criminal Cases Review Commission (CCRC) has referred to the Crown Court a woman’s conviction for failing to produce an immigration document. 

In November 2009, Ms W travelled overland from Iran to Turkey. She subsequently flew from Turkey to Heathrow Airport via an unknown Asian airport. She did not have a valid passport with her.  

Ms W claimed asylum on arrival on the basis that she faced political persecution, and her life was in danger if returned to Iran. She had been provided with a false French passport for her journey which she had destroyed.  

On legal advice, she pleaded guilty on 30 November 2009 at Uxbridge Magistrates’ Court to failure to produce an immigration document, contrary to the Asylum and Immigration (Treatment of Claimants) Act 2004.  

Following her release from prison, Ms W attended an asylum interview in February 2010 and was granted asylum. In May 2015, she was granted indefinite leave to remain.  

Ms W applied to the CCRC in November 2021 and, following a thorough review, the CCRC has found that she had a statutory defence to the charge on which she was convicted under section 2 of the 2004 Act, namely a “reasonable excuse” for failing to produce a valid passport.  

The legal advice provided to Ms W appears to have deprived her of that available defence. 

Consequently, there is a real possibility Ms W’s conviction will be quashed by the Crown Court.  

[ENDS] 

Notes to Editors 

  1. The CCRC has anonymised this press release due to safeguarding concerns.  
  1. The CCRC is an independent body set up under the Criminal Appeal Act 1995. It is responsible for independently investigating suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland. It is based in Birmingham and is funded by the Ministry of Justice.      
  1.  There are currently 10 Commissioners who bring to the CCRC considerable experience from a wide variety of backgrounds. Commissioners are appointed by the Monarch on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.  The Chairman, who is also a Commissioner, is not involved in the casework decision-making process.       
  1. The CCRC usually receives around 1,500 applications for reviews (convictions and/or sentences) each year. Since starting work in 1997, the CCRC has referred around 3% of applications to the appeal courts.      
  1. The CCRC considers whether, as a result of new evidence or argument, there is a real possibility that the conviction would not be upheld were a reference to be made. New evidence or argument is argument or evidence which has not been raised during the trial or on appeal.  Applicants should usually have appealed first. A case can be referred in the absence of new evidence or argument or an earlier appeal only if there are “exceptional circumstances”.      
  1. If a conviction is referred to the Crown Court it is for the Court to decide whether to uphold the conviction 
  1. More details about the role and work of the Criminal Cases Review Commission can be found at www.ccrc.gov.uk. The CCRC can be found on Twitter @ccrcupdate and Instagram the_ccrc