The “Pending Prosecutions” section of the EU Settlement Scheme: suitability requirements version 8.0 policy, which provided for applications to be paused where there was a
On 13 March 2024, in AUS v R [2024] EWCA Crim 322, the Court of Appeal quashed the 2010 conviction of a Somali citizen who
This week the Sentencing Council published new draft sentencing guidelines for immigration offences within the Immigration Act 1971 and Identity Documents Act 2010. This includes
Although now largely eclipsed by the Illegal Migration Act 2023, the Nationality and Borders Act 2022’s legacy will be its criminalisation of the act of
On 1 February 2023 Mr Justice Cavanagh made a ruling, following a preparatory hearing on 14 and 15 December 2022, that asylum seekers can be
On 1 February 2023, the Court of Appeal heard an appeal against a preliminary ruling that asylum seekers can be prosecuted for arriving in the
Those following the law around the prosecution of arrival in small boats may be interested in the ruling from the preparatory hearing in R v
In Elmi [2022] EWCA Crim 1428, the Court of Appeal quashed the conviction of a failed asylum seeker who had been found guilty of possessing
The Court of Appeal has granted an application made by a woman who was trafficked for the purposes of sexual exploitation, to quash her conviction
When the footballer Mario Balotelli’s house was on fire, the first person he called was his agent. Who, quite predictably, told him to phone the fire brigade. As
The High Court in COL v Director of Public Prosecutions [2022] EWHC 601 (Admin) has taken the Crown Prosecution Service to task for its decision
The Court of Appeal has quashed the convictions of three asylum seekers jailed for between two and six years for assisting unlawful immigration after piloting
In a previous briefing we saw that customary international law, four international conventions and international human rights law all impose a duty on states to
Part 3 of the Nationality and Borders Bill 2021 includes provisions relating to immigration offences and enforcement. It criminalises arriving in the UK, as well
“Illegal immigration to be turned into a criminal offence in landmark borders bill”, the Sunday Express reports. The idea that unauthorised immigration is insufficiently criminalised
The scenes in Glasgow last week, which saw a crowd prevent Immigration Enforcement from making off with two Indian men, got us thinking about the
Note: this article refers to the position prior to the Nationality and Borders Act 2022, see here for the current position. On 13 May 2021,
Fouad Kakaei is an Iranian man who helped steer small boats carrying asylum seekers across the English Channel on two separate occasions, in July and
In recent years the Court of Appeal (Criminal Division) has displayed a willingness to allow late appeals and quash historic convictions to address injustice against
In Idahosa v R [2019] EWCA Crim 1953 the Court of Appeal has ruled that an asylum seeker who had stopped over in the United
O v R [2019] EWCA Crim 1389 is the latest of a series of appeals brought by victims of trafficking against historic convictions. In this
The Court of Appeal has given judgment in two linked cases involving victims of trafficking prosecuted in the UK for offences linked to their trafficking:
MK and Gega v R [2018] EWCA Crim 667 is about who should face the burden of proof when a criminal defendant relies on the
Shortly after Christmas in 2009, a young woman from Somalia flew into Stanstead and claimed asylum. She had just turned 18. As later accepted by
The Home Office has imposed fines on small businesses for employing illegal workers of over £14 million in just a three month period. The period
In yet another example of a refugee who was not properly advised on his defence to a prosecution for illegal entry, Shabani, Re [2015] EWCA
In a very interesting judgment the Canadian Supreme Court has declared unconstitutional the criminal offence of organising, inducing, aiding or abetting undocumented entry. The case
In the absence of legal means by which to enter countries of sanctuary, refugees resort to the use of irregular means of entry. Some will falsely
Omenma (Conditional discharge – not a conviction of an offence) [2014] UKUT 314 (IAC) is an interesting case for two reasons. Firstly, the Home Office accepted
In another highly critical report on immigration enforcement by the Home Office, the Chief Inspector of Borders and Immigration John Vine has found that in nearly
Immigration Minister Mark Harper has resigned from the Government because in 2007 he employed a cleaner who did not have permission to work. Harper claims that
In R (on the application of P (DRC) v Secretary of State for the Home Department [2013] EWHC 3879 (Admin), handed down on 9 December
Child abduction is a criminal offence. It requires covert departure from the UK to another country, and from the abductor’s point of view preferably one
Refugees fleeing persecution in their home country cannot afford to be scrupulous about the means by which they reach sanctuary in another country. This truism
Finally, there has been a breakthrough in cases where victims of trafficking find themselves prosecuted and convicted here in the UK for engaging in the
Recently the Law Society Gazette ran an article by Yewa Holiday, a barrister and a case review manager at the Criminal Cases Review Commission (CCRC), which
The “Pending Prosecutions” section of the EU Settlement Scheme: suitability requirements version 8.0 policy, which provided for applications to be paused where there was a pending prosecution, has been held to be unlawful by the Upper Tribunal. The case is R (Lukasz Krzysztofik) v Secretary of State for the Home...
On 13 March 2024, in AUS v R [2024] EWCA Crim 322, the Court of Appeal quashed the 2010 conviction of a Somali citizen who was sentenced to 12 months’ imprisonment for possession of a false identity document, contrary to s25(1) of the Identity Cards Act 2006. The applicant was...
This week the Sentencing Council published new draft sentencing guidelines for immigration offences within the Immigration Act 1971 and Identity Documents Act 2010. This includes offences expanded by the Nationality and Borders Act 2022. Previously, there had been no formal guidelines for these offences. The draft guidelines have been published...
Although now largely eclipsed by the Illegal Migration Act 2023, the Nationality and Borders Act 2022’s legacy will be its criminalisation of the act of seeking asylum in the UK. This article aims to give an overview of the changes to the law. Entry vs arrival By way of background,...
On 1 February 2023 Mr Justice Cavanagh made a ruling, following a preparatory hearing on 14 and 15 December 2022, that asylum seekers can be prosecuted for arriving in the UK without valid entry clearance and for assisting unlawful immigration, contrary to sections 24(D1) and 25(1) of the Immigration Act...
On 1 February 2023, the Court of Appeal heard an appeal against a preliminary ruling that asylum seekers can be prosecuted for arriving in the UK without a valid entry clearance. The case is R v. Mohamed and others. The appeal was brought on behalf of four Sudanese defendants who...
Those following the law around the prosecution of arrival in small boats may be interested in the ruling from the preparatory hearing in R v Mohamed and others. The purpose of the hearing was to provide a clear ruling on points of law that are likely to arise time again...
In Elmi [2022] EWCA Crim 1428, the Court of Appeal quashed the conviction of a failed asylum seeker who had been found guilty of possessing a false identity document. Elmi had not been advised that he could use the defence of a presumptive refugee under s.31 of the Immigration and...
The Court of Appeal has granted an application made by a woman who was trafficked for the purposes of sexual exploitation, to quash her conviction from November 2009. She was convicted for using a false identity document when attempting to travel to the Netherlands after she had fled her traffickers....
When the footballer Mario Balotelli’s house was on fire, the first person he called was his agent. Who, quite predictably, told him to phone the fire brigade. As an immigration lawyer I have received less dramatic phone calls. Yet the story resonates with me. For those we help to enter...
The High Court in COL v Director of Public Prosecutions [2022] EWHC 601 (Admin) has taken the Crown Prosecution Service to task for its decision not to charge the alleged traffickers of a victim of modern slavery. The claimant, a national of the Philippines and a domestic worker, was confirmed...
The Court of Appeal has quashed the convictions of three asylum seekers jailed for between two and six years for assisting unlawful immigration after piloting small boats across the English Channel. The case is Bani v The Crown [2021] EWCA Crim 1958. The heavy lifting was done in the earlier...
In a previous briefing we saw that customary international law, four international conventions and international human rights law all impose a duty on states to rescue those in distress at sea and to set up and maintain search and rescue services. We also saw that the enforceability of international law...
Part 3 of the Nationality and Borders Bill 2021 includes provisions relating to immigration offences and enforcement. It criminalises arriving in the UK, as well as formally entering, making it almost impossible to claim asylum in the UK without first committing a criminal offence. People helping asylum seekers get to...
“Illegal immigration to be turned into a criminal offence in landmark borders bill”, the Sunday Express reports. The idea that unauthorised immigration is insufficiently criminalised will surprise legislators who have spent much of the past two decades piling dozens and dozens of new immigration offences onto the statute books. “Illegal...
The scenes in Glasgow last week, which saw a crowd prevent Immigration Enforcement from making off with two Indian men, got us thinking about the criminal offence of obstructing an immigration officer. Not, we hasten to add, because we think anyone should face charges over what’s seen in many quarters...
Note: this article refers to the position prior to the Nationality and Borders Act 2022, see here for the current position. On 13 May 2021, my client Fouad Kakaei was unanimously acquitted of assisting unlawful immigration at his retrial following a successful appeal against conviction, the reporting restriction for which...
Fouad Kakaei is an Iranian man who helped steer small boats carrying asylum seekers across the English Channel on two separate occasions, in July and December 2019. He also attempted to cross on several other occasions. Following the July 2019 crossing, he did not claim asylum here in the UK...
In recent years the Court of Appeal (Criminal Division) has displayed a willingness to allow late appeals and quash historic convictions to address injustice against victims of human trafficking. This includes using the common law to protect the rights of trafficking victims convicted of immigration offences before the statutory defence...
In Idahosa v R [2019] EWCA Crim 1953 the Court of Appeal has ruled that an asylum seeker who had stopped over in the United Kingdom for 54 days en route to Canada can rely on the exception to false documents offences available to refugees. The court took a purposive...
O v R [2019] EWCA Crim 1389 is the latest of a series of appeals brought by victims of trafficking against historic convictions. In this case the Court of Appeal (Criminal Division) decided to quash a 2008 conviction because the prosecution had not even considered whether bringing O to court...
The Court of Appeal has given judgment in two linked cases involving victims of trafficking prosecuted in the UK for offences linked to their trafficking: N v R [2019] EWCA Crim 752. In one of the cases, involving a young Vietnamese man prosecuted for cannabis cultivation, the conviction was overturned....
MK and Gega v R [2018] EWCA Crim 667 is about who should face the burden of proof when a criminal defendant relies on the new “victim of slavery/trafficking” defence in the Modern Slavery Act 2015. In the first appellate judgment on this issue, the Court of Appeal has ruled...
Shortly after Christmas in 2009, a young woman from Somalia flew into Stanstead and claimed asylum. She had just turned 18. As later accepted by the Home Office, she had experienced severe depredations in her home country. This included her rape at the age of six in the presence of...
The Home Office has imposed fines on small businesses for employing illegal workers of over £14 million in just a three month period. The period covered is January to March 2016. The list of businesses targeted by officials appears to include mainly small ethnic minority shops and takeaways. It is...
In yet another example of a refugee who was not properly advised on his defence to a prosecution for illegal entry, Shabani, Re [2015] EWCA Crim 1924 (22 July 2015), the Lord Chief Justice has overturned the conviction but this time has also referred the solicitors responsible for investigation by...
In a very interesting judgment the Canadian Supreme Court has declared unconstitutional the criminal offence of organising, inducing, aiding or abetting undocumented entry. The case is R. v. Appulonappa – SCC Cases (Lexus). This post reviews that case and then goes on to consider whether similar reasoning might here in...
In the absence of legal means by which to enter countries of sanctuary, refugees resort to the use of irregular means of entry. Some will falsely apply for and obtain a visit or student visa and then apply for asylum once within the UK. Others will use clandestine means to...
Omenma (Conditional discharge – not a conviction of an offence) [2014] UKUT 314 (IAC) is an interesting case for two reasons. Firstly, the Home Office accepted that the decision was wrong and withdrew it. Nevertheless, because the case had reached the Upper Tribunal, the withdrawal of decision did not automatically...
In another highly critical report on immigration enforcement by the Home Office, the Chief Inspector of Borders and Immigration John Vine has found that in nearly two thirds of cases (59%) immigration enforcement officers entering business premises lacked the legal authority to do so and in addition were regularly flouting...
Immigration Minister Mark Harper has resigned from the Government because in 2007 he employed a cleaner who did not have permission to work. Harper claims that he has not broken the law but is resigning because “I should hold myself to a higher standard than expected of others”. The first...
Child abduction is a criminal offence. It requires covert departure from the UK to another country, and from the abductor’s point of view preferably one that is not in Europe, not a signatory to the Hague Convention and that does not have a bilateral agreement with the UK. The incredibly...
Refugees fleeing persecution in their home country cannot afford to be scrupulous about the means by which they reach sanctuary in another country. This truism was recognised by the drafters of the Refugee Convention: Article 31 affords refugees protection from prosecution for unlawful entry to a sanctuary state providing certain...
Finally, there has been a breakthrough in cases where victims of trafficking find themselves prosecuted and convicted here in the UK for engaging in the very activity into which the victim was forced. It may seem strange that it is the victims of trafficking that have ended up with criminal...
Recently the Law Society Gazette ran an article by Yewa Holiday, a barrister and a case review manager at the Criminal Cases Review Commission (CCRC), which highlighted the plight of asylum seekers and refugees wrongly convicted after being advised to plead guilty to offences relating to their entry to the...
