May 17, 2021
Aneurin Brewer successfully secured the acquittal on retrial following a successful appeal against the conviction of an Iranian asylum seeker. Fouad Kakaei was alleged to have facilitated breaches of immigration law with respect to other asylum seekers aboard two small boats he had piloted across the Channel in 2019.
The defendant was unanimously acquitted on the basis that he, and those aboard with him, had intended to be rescued at sea in order to claim asylum and therefore had not attempted illegal entry into the UK. RLC member Aneurin Brewer said:
“This acquittal will call into serious question whether further prosecutions of asylum seekers for attempting to cross the Channel can be pursued and potentially re-opens a large number of previous convictions of migrants in similar situations.
There are individuals who pleaded guilty but who will now potentially be able to go to the Court of Appeal.
They may not have previously appreciated that they have, what is now to have been proved, a viable and persuasive defence.”
Aneurin Brewer was instructed by Emery, Halil and Brown.
See news story in The Guardian here: [The Guardian]
See Court of Appeal story here: [Red Lion Chambers]