R v Ismail Omar Musa

R v Ismail Omar Musa

The applicant failed to demonstrate substantial injustice or that the section 31 defence would probably have succeeded. The law at the time was correctly applied, and subsequent findings do not establish refugee status. The application for extension of time and leave to appeal is refused.

Parties
Applicant: Ismail Omar Musa; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
27 March 2024
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction
Outcome
applications for extension of time and leave to appeal refused
Legal Topics
Possession of Identity Document With Intent, Section 31 Defence, Change of Law, Asylum, Refugee Status, Fresh Evidence
Criminal Law Immigration Law Possession of Identity Document With Intent Section 31 Defence Change of Law Asylum Refugee Status Fresh Evidence

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Parties

Ismail Omar Musa

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time and leave to appeal against conviction based on the availability of the section 31 defence under the Immigration and Asylum Act 1999
  2. 2 Whether the applicant suffered substantial injustice due to not being advised of the section 31 defence
  3. 3 Whether the section 31 defence would have succeeded if advanced

Ratio Decidendi

The applicant failed to demonstrate substantial injustice or that the section 31 defence would probably have succeeded. The law at the time was correctly applied, and subsequent findings do not establish refugee status. The application for extension of time and leave to appeal is refused.

Court Disposition

applications for extension of time and leave to appeal refused