Flavia Kenyon successful in application to dismiss at Birmingham Crown Court

Application to dismiss charges alleging illegal immigration under section 25 of the Immigration Act 1971

Flavia Kenyon represented a Romanian man, in a unique case which tested the current immigration legislation, and in particular the definition of "immigration law" under s 25(2).

Flavia's client was a haulage driver for a company based in Transylvania who was caught with 4 people hidden in the back of his lorry as he was exiting from Dover. He was charged with an offence of assisting unlawful immigration under s 25 of the Immigration Act 1971 in respect of one man, who was of Pakistani origin, a recognised refugee in Italy, but an overstayer in the UK. The other three men were British nationals who are now facing separate charges under the Terrorism legislation.

Flavia successfully argued that in this case section 25(2) "did not bite" applying R-v-Kapoor [2012] EWCA Crim 435
and the Judge agreed.

Flavia was instructed by Shane Hennigan from Murray Brankin Solicitors.




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