Summary
Our client is an Iraqi national who claimed asylum in the UK after entering the country on a boat in October 2024. Upon landing on UK shores, our client was charged with attempting to knowingly arrive in the UK without a valid entry clearance and knowingly facilitating the commission of a breach of immigration law. He was released by Immigration on bail, then later charged and remanded into custody. Our client maintained that he had come to the UK in search of a better life and did not accept that he had knowingly facilitated the commission of a breach of UK Immigration Law. He therefore pleaded guilty to the first count, but not guilty to the second. Our team of specialist solicitors provided expert advice and legal representation, persuading the court to grant our client a reduced custodial sentence.
In Depth
Having spent the past nine years in Belgium where his asylum had been rejected, our client attempted to enter the UK in October 2024 with the same aim of seeking asylum. Evidence of these intentions could be found on our client’s phone. Upon entering the country, he faced charges relating to piloting a small boat carrying 79 other individuals across the English Channel, which facilitated the breach or attempted breach of Immigration law. He was also charged with attempting to enter the UK without valid entry clearance, where our client asserted that he was not aware Iraqi nationals needed permission from the Home Office to live and work in the UK.
Our client claimed that he was only ever a passenger on the boat and maintained that he was not a smuggler. During the boat journey, as weather conditions became more treacherous and the waves became stronger, our client had taken over the wheel and assisted with steering the boat. He had worked as a car mechanic and had experience driving lorries so felt that he was in a strong position to prevent the boat from capsizing. Had our client known that in doing so he was committing an offence or that it would harm his case for asylum, he stated he wouldn’t have done it.
Solicitor Advocate Glen Henry represented our client on this matter, providing him with expert legal support. As the prison sentence involved in piloting these boats can be up to four years, Glen put forth substantial evidence as part of our client’s not guilty plea in relation to the second count. He argued that our client’s actions in piloting the boat were due solely to the perilous sea conditions at the time, conditions which were likewise recorded by the coast guard who escorted the boat to shore.
In January 2025, the case was seen at St Albans Crown Court where Barrister Marie-Armance Renaud of Church Court Chambers represented our client. The evidence put forward by our team was strong and persuaded the prosecution to accept the plea relating to piloting the boat, on the basis that he was not part of the larger organisational scheme involved. Thanks to Lawtons’ expert legal representation, our client was given a reduced sentence of 36 weeks custody. Our client was grateful for Glen’s continued support throughout his case and appreciated our efforts in securing this outcome.
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