The Nationality and Borders Act 2022 achieved the aim of criminalising asylum seekers who arrive without a visa (R v Ashari Mohamed)

Table of contents

• What are the practical implications of the case?
• What was the background?
• What is the decision of the court?
• Case details

Article summary

Immigration analysis: Prior to 28 June 2022, a migrant crossing the English Channel on a small boat, who required but had no visa to enter the UK, could not be convicted for entering the UK contrary to section 24 of the Immigration Act 1971 (IA 1971). Similarly, those transporting migrants could avoid conviction for the offence of facilitating a breach of immigration law contrary to IA 1971, s 25.This was due not to any intention to provide an exception for asylum seekers, but, rather, because persons arriving in this way would not have ‘entered’ the UK, as defined by IA 1971, s 11. This appeal confirmed that the Nationality and Borders Act 2022 fulfilled one of its aims of removing this defence. Written by Timothy Sleigh-Johnson and Stacey-Lee Holland, barristers at 2 Dr Johnson’s Buildings, Temple.