Convictions quashed for Channel migrants who piloted boats

Court of Appeal rules it was not proved they intended to enter the UK illegally

Border Force picked up each of the four men in operations over two years. Reuters

Four Iranian migrants who piloted boats while crossing the English Channel to seek asylum have had jail sentences quashed.

The Court of Appeal recognised “fundamental” errors in their convictions, the Joint Council for the Welfare of Immigrants said.

The four men had helped to pilot inflatable boats on cross-Channel voyages, and were intercepted by Border Force officials on separate crossings in 2019 and 2020.

But the Court of Appeal ruled it had not been proved that they intended to enter the UK illegally, therefore their sentences were overturned.

Samyar Bani said he was an asylum seeker and had only been at the controls for moments.

The other men are Mohamoud Al Anzi and Fariboz Rakei, both convicted of facilitating illegal entry to the UK, and Ghodratallah Zadeh, convicted of assisting unlawful immigration.

The sole intention of all of the defendants was to claim asylum in the UK, the Court of Appeal was told.

They also wished to make themselves known to authorities so that they could claim asylum, therefore there was no attempt at clandestine entry, the immigrants group said.

“This decision to overturn these convictions represents an important victory for the individuals represented,” said Kate O’Raghallaigh, Mr Zadeh’s barrister.

“The verdict also represents a significant challenge to this government’s increasing criminalisation of people seeking asylum in the UK.

“This decision makes it clear that our government imprisoned four vulnerable people simply because they sought asylum here. Their attempt to criminalise the act of seeking safety is a travesty."

The English Channel is one of the busiest shipping lanes in the world but it is also attractive to migrants trying to enter Britain from France because it is a relatively short route.

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  Migrants are brought ashore at Dungeness by RNLI Lifeboat members after crossing the Channel. Reuters

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  The past three years have seen a significant rise in attempted Channel crossings by migrants, despite the dangers. AFP

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  Migrants on board a Border Force rescue boat line up to disembark at Dover harbour after crossing the Channel. Reuters

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  A life jacket is left in the water after a group of more than 40 migrants got on an inflatable dinghy to leave the coast of northern France and cross the Channel. Reuters

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  Migrants are escorted by Border Force staff in Dungeness, after being brought ashore by an RNLI lifeboat. Reuters

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  A woman with a child is brought ashore safely. Reuters

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  Migrants walk along a British beach after being brought ashore by an RNLI lifeboat. Reuters

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  At least 27 migrants bound for Britain died on Wednesday when their boat sank in the English Channel. AP

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  French Interior Minister Gerald Darmanin speaks to the press in Calais, northern France, after the tragedy. AP

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  France's interior minister has called it the biggest tragedy involving migrants on the dangerous crossing to date. AP

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  A man wheels a gurney into a warehouse in Calais, where it is believed the bodies of migrants are being transported. PA

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  French police look at a map of the coast at Wimereux, in northern France. The stretch of beach is believed to be used by migrants aiming to cross the Channel. PA

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  A funeral van leaves the port of Calais. AFP

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  A group of people thought to be migrants are brought to Dover by the RNLI. PA

In November, 27 people died making the crossing, in the biggest single loss of life among channel migrants.

UK Home Office figures suggest a record of more than 25,000 migrants have tried the crossing this year.

Most small boats set off from the northern French coast near Calais and Dunkirk, but the stretch of coastline being used is extending.

Those recorded attempting the crossing have come from countries including Iran, Iraq, Syria, Afghanistan, Tajikistan, Kuwait, Turkey, Palestine, Egypt, Eritrea, Ethiopia, Sudan, South Sudan, Yemen, Guinea, Mali, Chad, Somalia, Niger, Libya and Albania.

Earlier in December, another migrant was jailed after he was convicted of being a people smuggler while trying to reach Britain. He also helped to pilot a boat.

Hammad Al Shamari, from Kuwait, was jailed for two and a half years.