The defendant appealed against his conviction in a case concerning the use of a false passport. The central issue was whether the appellant had a defence based upon the proposition that he was a refugee entitled to asylum in this country. He had been deported to Jamaica, but returned with a forged passport which was detected on entry. The court had rejected his argument that he was a refugee entitled to protection after fleeing gangs in Jamaica.
Held: On the evidence before the jury, there was no possible basis for classifying the appellant as a refugee.
Judges:
Jackson LJ, Wyn Williams J, Beaumont QC HHJ
Citations:
[2013] EWCA Crim 125, [2013] WLR(D) 22
Links:
Statutes:
Convention Relating to the Status of Refugees made at Geneva in 1951, Identity Documents Act 2010 4, Immigration and Asylum Act 1999 31
Jurisdiction:
England and Wales
Citing:
Cited – In re Acosta 1985
US Board of Immigration Appeals –
Held: ‘We find the well-established doctrine of ejusdem generis, meaning literally, ‘of the same kind,’ to be most helpful in construing the phrase ‘membership in a particular social group.’ That doctrine . .
Cited – Regina v Secretary of State for the Home Department ex parte Bugdaycay HL 19-Feb-1986
Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without . .
Cited – Regina v Immigration Appeal Tribunal and Another ex parte Shah HL 25-Mar-1999
Both applicants, Islam and Shah, citizens of Pakistan, but otherwise unconnected with each other, had suffered violence in Pakistan after being falsely accused them of adultery. Both applicants arrived in the UK and were granted leave to enter as . .
Cited – Regina v Makuwa CACD 23-Feb-2006
The defendant appealed her conviction for using a false instrument (a passport) intending someone else to accept it as genuine.
Held: Once she had brought forward sufficient evidence to support a claim to asylum status, it was then for the . .
Lists of cited by and citing cases may be incomplete.
Crime, Human Rights, Immigration
Updated: 14 November 2022; Ref: scu.471585