The Weekly Law Reports
[2023] 3 WLR 31
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
Crime— Immigration— Attempting to arrive in United Kingdom without valid entry clearance— Sudanese defendant intercepted whilst attempting to cross English Channel in small boat— Defendant not having entry clearance but applying for asylum on arrival— Whether asylum-seeker requiring entry clearance— Whether 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
Crime— Immigration— Assisting unlawful immigration— Sudanese defendant intercepted whilst attempting to cross English Channel in small boat of migrants— Defendant piloting boat for all or part of journey— Whether defendant assisting breach of “immigration law” by migrants arriving in United Kingdom without entry clearance— Whether 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)