Free on Bail; Facing Trial

Abdul Haroun, the man who walked the Channel Tunnel, was granted asylum under the 1951 Refugee Convention on 24 December last year, and as a result was granted Bail at a Court hearing on 4 January to a private address in east Kent.  At a further hearing on 21 January the prosecution indicated that they wished to pursue the charges against Mr. Haroun.  This is despite the protection offered under Article 31 of the Convention (refugees should not have any penalties imposed upon them as a consequence of illegally entering….the country of refuge in order to seek sanctuary).   Current Home Office guidance also appears to suggest that …’if the offender has already been granted asylum….. then the CPS would probably not consider a prosecution to be in the public interest; however, this is ultimately a decision for them.’  This raises the question of whose ‘public interest’ is being served by pursuing the charges.  It should also be noted that there is at present no way to register an asylum claim in Calais, nor any safe or legal route to the UK from there.

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Categories: Legal News