Evans, R. v [2013] EWCA Crim 125 (23 January 2013)

Evans, R. v [2013] EWCA Crim 125 (23 January 2013)

The appellant did not qualify as a refugee under Article 1A(2) of the Refugee Convention because the group he claimed membership of did not possess the necessary characteristics of a 'particular social group'; therefore, the defence under section 31 of the Immigration and Asylum Act 1999 was not available to him.

Citation
[2013] EWCA Crim 125
Parties
Appellant: Fabian Evans; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
23 January 2013
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
False Identity Documents, Refugee Status, Asylum Defence, Burden of Proof
Criminal Law Immigration Law Asylum Law False Identity Documents Refugee Status Asylum Defence Burden of Proof

Case Brief

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Parties

Fabian Evans

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant was entitled to a defence under section 31 of the Immigration and Asylum Act 1999 as a refugee
  2. 2 Whether the judge misdirected the jury on the burden and standard of proof regarding refugee status

Ratio Decidendi

The appellant did not qualify as a refugee under Article 1A(2) of the Refugee Convention because the group he claimed membership of did not possess the necessary characteristics of a 'particular social group'; therefore, the defence under section 31 of the Immigration and Asylum Act 1999 was not available to him.

Court Disposition

appeal dismissed

Orders

  • Conviction upheld
  • No change to sentence