Evans, R. v

Evans, R. v

The appellant did not qualify as a refugee under Article 1A(2) of the Refugee Convention because there was no evidence he belonged to a particular social group with an immutable characteristic targeted for persecution. The judge correctly withdrew the defence under section 31 from the jury, and the conviction was safe.

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, Burden of Proof
Criminal Law Immigration Law False Identity Documents Refugee Status Asylum 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 a refugee entitled to a defence under section 31 of the Immigration and Asylum Act 1999
  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 there was no evidence he belonged to a particular social group with an immutable characteristic targeted for persecution. The judge correctly withdrew the defence under section 31 from the jury, and the conviction was safe.

Court Disposition

appeal dismissed

Orders

  • Conviction upheld
  • No further orders issued