March 31, 2021
Aneurin Brewer successfully appealed to the Court of Appeal against the conviction of a migrant for facilitation of breaches in immigration law.
The defendant had been jailed for two years and two months in January of this year at Canterbury Crown Court.
This related to the migrant’s repeated attempts to enter the UK by crossing the Channel from France along with other migrants aboard small rigid hull inflatable boats.
The appeal was pursued on the basis that the learned trial Judge was in error to rule that the prosecution did not have to prove that other migrants aboard the boat did not intend to immediately surrender and claim asylum. Following their arrival at the port of Dover all claimed asylum.
Three senior judges ruled the conviction should be quashed with reasons for the decision due to be handed down at a later date.
RLC member Aneurin Brewer said:
“It is hoped that this ruling will clarify the law in this area, preventing the seemingly common practice of prosecuting genuine asylum seekers who seek to arrive in the UK in this manner.”
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