NEWS
Benjamin Waidhofer successfully defends unlawful immigration conspiracy allegation
Benjamin Waidhofer defended AE who was charged with 2 offences of conspiracy to facilitate the entry of asylum seekers into the United Kingdom, contrary to section 25A of the Immigration Act 1971.
The case against AE was that he was involved in a well-organised and professionally operated system to provide asylum seekers to enter the United Kingdom using false passports, false travel documents and false addresses for financial gain (at one stage quoted as tens of thousands of pounds). The individuals would thereafter claim asylum.
The indictment focussed upon 22 specific occasions when it was said that conspirators sought to unlawfully assist the entry of asylum seekers into the UK. The evidence was rooted in detailed messaging between the conspirators, use of credit/debit cards and money transfer services including bank transactions as well as, crucially, numerous travel bookings made by those within the United Kingdom.
The trial was listed before HHJ Huw Rees at Swansea Crown Court and was due to last for a number of weeks. During the course of the trial, Benjamin Waidhofer demonstrated that accounts and credit/debit cards said by the prosecution to be in control by AE were demonstrably in control of another conspirator. Through detailed analysis of financial transactions, Benjamin also demonstrated that any assertion AE had benefitted financially as a result of the conduct alleged was inaccurate. Financial transactions which had not been properly reconciled by the prosecution during the course of its case preparation and presentation to the jury were exposed in detail.
Towards the end of the second week of the trial, the prosecution, unusually, confirmed that they no longer sought to pursue with the conviction against AE. As a result, verdicts of ‘Not Guilty’ were entered in respect of each and every charge against him.
Every other defendant in the trial was eventually convicted of the conspiracies alleged, upon their pleas of ‘guilty’.
The case was widely reported including at:
https://www.walesonline.co.uk/news/wales-news/men-accused-selling-fake-identities-28927069
Benjamin was instructed by Nadeem Majid, of M&M Solicitors. Benjamin and Nadeem worked closely to ensure that all avenues were fully explored and exploited.
The issue of unlawful immigration into the United Kingdom is well-known. The criminalising statutory regime, rooted in the Immigration Act 1971, is now over 50 years’ old and has undergone substantial variation in recent years. The maximum sentence in respect of an offence contrary to section 25 of the Immigration Act 1971, over time, increased from 7 years’ imprisonment to 10 years’ imprisonment, to 14 years’ imprisonment and is now life imprisonment, as a result of the substituting provisions of the Nationality and Borders Act 2022. The Sentencing Council is currently consulting on a definitive Sentencing Guideline in respect of offences of unlawful immigration.
The sentence in respect of the co-defendants is currently listed to take place in November 2024.
Benjamin Waidhofer is frequently sought out to advise upon the most high-profile cases of considerable factual and legal complexity which straddle the criminal/civil jurisdiction. He is ranked as a leading junior in both Chambers & Partners and the Legal 500. He specialises in representing both private individuals and corporations alike and he is often sought ought to advise upon, and thereafter conduct, private and state funded prosecutions. Any queries about this matter or any other ought to be addressed to