[2007] EWCA Crim 2332

Where Somalian nationals had entered the United Kingdom using false passports, which they immediately returned to the agents that had provided them, and had then claimed asylum, they had no defence under the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 s.2(4)(e) to an offence under s.2(1) of the Act. However the judge should have directed the jury that their reasons for failing to produce the false documents may have been reasonable for the purpose of s.2(4)(c) of the Act.

CA (Crim Div) (Sir Igor Judge (President), Elias J, Griffith Williams J)

16/10/2007