Case details

SXH (Appellant) v Crown Prosecution Service (Respondent)

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Case ID: UKSC 2014/0148

Case summary

Issue
  1. Whether the appellant's entry into the UK as an asylum seeker and the decision to prosecute her for entering with false travel documentation engaged art.8 ECHR.
  2. What is the appropriate threshold for engaging art.8?
  3. Whether the decision to prosecute was disproportionate.
Facts

The appellant fled her home country of Somalia in late 2008 as a result of extreme sexual and physical violence she had suffered there. She travelled to Yemen and then to the United Kingdom using a false travel document, arriving on 27 December 2009, and applied for asylum once she had entered the country. It is not in dispute that it was not possible for her to obtain proper documentation in Somalia. When it became clear that she had entered the country using a false travel document she was detained and charged with possessing a false document under s.25(1) of the Identity Cards Act 2006. The CPS offered no evidence at a mention hearing in on 11 June 2010. The appellant was granted asylum and released from custody.

Judgment appealed

[2014] EWCA Civ 90

Parties

Appellant

SXH

Respondent

Crown Prosecution Service

Intervener

United Nations High Commissioner for Refugees

Appeal

Justices

Lord Mance, Lord Kerr, Lord Reed, Lord Hughes, Lord Toulson

Hearing start date

19 Jul 2016

Hearing finish date

19 Jul 2016

Watch hearing
19 Jul 2016 Morning session Afternoon session