The appellant said that his conviction for assisting breaches of immigration law in his work as an immigration adviser by creating false documentation to support clients’ applications for extensions of leave to stay was not itself an allegation of facilitating breaches of ‘immigration law’, but rather of more general criminal offences.
Held: The appeal was dismissed. The allegation was one of a breach of immigration law: ‘when this appellant submitted the false documents to the United Kingdom Border Agency, he did an act which facilitated the commission of a breach of immigration law by those individuals who were not citizens of the European Union and whose applications for an extension of leave, in due course, were granted. ‘
THe Court, having reviewed the authorities, established three propositions: ‘(1) A conspiracy requires that the parties to it have a common unlawful purpose or design.
(2) A common design means a shared design. It is not the same as a similar but separate design.
(3) In criminal law (as in civil law) there may be an umbrella agreement pursuant to which the parties enter into further agreements . .’
Fulford LJ, Cox, Slade JJ
[2013] EWCA Crim 1610
Bailii
Immigration Act 1971 25(1)
England and Wales
Cited by:
Cited – Bhatti and Others v Regina CACD 30-Jul-2015
The defendants appealed against their convictions for conspiracy to facilitate breaches of immigration law, saying that they had been based on evidence obtained by the police from credit reference agencies in breach of their rights under the 1984 . .
Lists of cited by and citing cases may be incomplete.
Crime, Immigration
Updated: 11 November 2021; Ref: scu.516021