Migrant crisis: Asylum seekers have convictions overturned by Court of Appeal

Migrant crisis: Asylum seekers have convictions overturned by Court of Appeal
Live stream 1069
George McMillan

By George McMillan


Published: 21/12/2021

- 16:50

The Court of Appeal said it had not been proven the men had the intention to enter into the UK illegally

Four Iranian men who crossed the Channel have had convictions for immigration offences removed.

The men were picked up in the Channel by Border Force between 2019 and 2020, using inflatable boats to cross.


The Court of Appeal said it had not been proven the men had the intention to enter into the UK illegally.

Samyar Bani, said he was only controlling the boat’s tiller for a few seconds and was released after serving only part of his sentence.

He told the BBC: "I lost everything because I came to the UK for an asylum claim.

"I'm not a criminal, not a smuggler. I just sat in a boat and came here for asylum claim."

Bani travelled through Europe before reaching the UK and was convicted two years ago when he was seen in control of an inflatable boat.

He said he was now awaiting on the Home Office to decide on his claim for asylum as he had converted to Christianity and no longer sage in Iran.

The Court of Appeal said the jury were wrongly told he broke the law as soon as he crossed into UK waters.

They said: "If landing on a beach then it would be open to the jury to conclude the helmsman assisted an unlawful entry even if the boat was ultimately intercepted.

"If, on the other hand, the facilitator knows the only way in which the migrant intends to enter the United Kingdom is being brought ashore by UK Border Force, then he will not be committing an offence."

Two other men were convicted of enabling illegal entry to the UK.

Ghodratallah Zadeh, the fourth, was handed a two year prison sentence for assisting unlawful immigration. He plead guilty to the charge.

His appeal went through as well on the grounds that he was not given a defence and wrongly advised.

You may like