Court of Appeal
Rex
v
Mohamed (Ashari)
Rex
v
Mohamed (Khdeir)
Rex
v
Aldaw (Mustafa)
[2023] EWCA Crim 211
2023 Feb 1; March 2
Lord Burnett of Maldon CJ, Holgate, Bryan JJ
CrimeImmigrationAttempting to arrive in United Kingdom without valid entry clearanceSudanese defendant intercepted whilst attempting to cross English Channel in small boatDefendant not having entry clearance but applying for asylum on arrivalWhether asylum-seeker requiring entry clearanceWhether asylum-seeker having defence to charge of attempting to arrive without valid entry clearance Immigration Act 1971 (c 77), ss 1(2), 3(1), 3A, 24(D1) Nationality and Borders Act 2022 (c 36), ss 30(3), 37
CrimeImmigrationAssisting unlawful immigrationSudanese defendant intercepted whilst attempting to cross English Channel in small boat of migrantsDefendant piloting boat for all or part of journeyWhether defendant assisting breach of “immigration law” by migrants arriving in United Kingdom without entry clearanceWhether Crown required to prove defendant knew or should have known migrants committing offence of arriving in United Kingdom without entry clearance Immigration Act 1971 , ss 1, 3, 24(D1), 25(1)
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