Shabani, Re

Shabani, Re

The appellant was not properly advised of a defence available to him under section 31 of the Immigration and Asylum Act 1999 and the Refugee Convention, and would have had a reasonable prospect of success; therefore, the conviction must be quashed.

Parties
Appellant: Ali Shabani; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
22 July 2015
Procedural Posture
Criminal Appeal / Appeal Following Reference by Criminal Cases Review Commission
Outcome
appeal allowed; conviction quashed
Legal Topics
Possession of False Identity Documents, Defence Under Refugee Convention, Section 31 Immigration and Asylum Act 1999, Competence of Legal Advisers
Criminal Law Immigration Law Possession of False Identity Documents Defence Under Refugee Convention Section 31 Immigration and Asylum Act 1999 Competence of Legal Advisers

Case Brief

Summary, issues, holding and outcome

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Parties

Ali Shabani

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Following Reference by Criminal Cases Review Commission

Legal Issues

  1. 1 Whether the appellant had a viable defence under section 31 of the Immigration and Asylum Act 1999 and the Refugee Convention
  2. 2 Whether the appellant was properly advised regarding his legal defence
  3. 3 Whether time spent in Spain constituted a break in flight under section 31(2)

Ratio Decidendi

The appellant was not properly advised of a defence available to him under section 31 of the Immigration and Asylum Act 1999 and the Refugee Convention, and would have had a reasonable prospect of success; therefore, the conviction must be quashed.

Court Disposition

appeal allowed; conviction quashed

Orders

  • Conviction quashed
  • Referral of duty solicitor and solicitor to Solicitors Regulatory Authority for investigation