The court gave its reasons for allowing the defendant’s appeal against his conviction for entering into the UK without a passport. He had given his passport to an agent purporting to arrange his entry and under whose control he was. He claimed refugee status from Eritrea.
Held: The question was whether this amounted to a reasonable excuse for not having it. The judge had been wrong to decide that this could not amount to a reasonable excuse. Firstly, the judge should have awaited the completion of the evidence before such a ruling.
Judges:
Toulson LJ, MacKay J, Sir David Calvert-Smith
Citations:
[2013] EWCA Crim 435
Links:
Statutes:
Asylum and Immigration (Treatment of Claimants etc) Act 2004
Jurisdiction:
England and Wales
Cited by:
Cited – Khalif, Regina (on The Application of) v Isleworth Crown Court Admn 31-Mar-2015
The defendant appealed against his conviction under the 2004 Act on his plea of guilty saying that he had been given erroneous legal advice as to section 2(4)(c). . .
Lists of cited by and citing cases may be incomplete.
Crime, Immigration, Criminal Practice
Updated: 14 November 2022; Ref: scu.472538
