In AM & Others  EWCA Crim 2100, Leveson LJ (as he was was) said :
“These cases are characterised by allegations that those advising illegal entrants to this country have simply failed to ensure that the scope of the potential defences to an allegation of breach of s.25 of the 2006 Act have fully been explored. If the circumstances and instructions generate the possibility of mounting a defence under s.31 of the 1999 Act,there is simply no excuse for a failure to do so“
Five years later Thomas LCJ made it clear that the Court was serious – in Shabani  EWCA Crim 1924 the Court reported the two solicitors involved to the SRA. It is likely that this will not only be repeated in future cases, but the questions of getting costs out of those lawyers who do not advise properly will also be considered…
Immigration offences can seem, on the face of it, pretty straightforward. However, they can throw up many difficult questions of law. And that’s before you consider the impact of European and International law.
This site is intended to provide background information on the immigration offences that exist, as well as ancillary matters such as prosecuting victims of trafficking.
In addition, I will try to collate and catalogue all cases that are decided that touch on this area of law, along with a brief case summary.
This site is edited by Dan Bunting, a barrister specialising in criminal and immigration law.