Margo’s immigration practice covers an array of areas, from protection and human rights
claims to students and workers. She is often instructed in immigration related Judicial
Reviews, which can include urgent challenges to deportation and unlawful detention, as well
as challenges to delay or other unlawful decision making. Margo also advises on citizenship
matters and has a developing SIAC practice.
In this talk, Margo gives an essential update on immigration offences. She begins by
outlining relevant statute governing immigration offences. She then moves on to discuss
cases involving defendants without citizenship, before overviewing decisions to prosecute
immigration offences. She also covers the mechanics of age disputes, offences relating to
the facilitation of illegal entry, document offences, and immigration advice offences. She
ends with general overviews of immigration control and defences. She highlights a wealth of
case law, guidance and relevant statute throughout.

Key Words/Topics
Defending people without British Citizenship
Prosecutorial guidance

Age disputes
Immigration offences
Illegal arrival
Facilitation offences
Document offences
Immigration control offences
Immigration advice offences
Defences
Immigration Act 1971 (IA 1971)
Asylum and Immigration Act 1996 (AIA 1996)
Immigration and Asylum Act 1999 (IAA 1999)
Nationality, Immigration and Asylum Act 2002 (NIAA 2002)
Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (AI(TCE)A 2004)
Immigration, Asylum and Nationality Act 2006 (IANA 2006)
UK Borders Act 2007 (UKBA 2007)
Borders, Citizenship and Immigration Act 2009 (BCIA 2009)
Immigration Act 2014 (IA 2014)
Immigration Act 2016 (IA 2016), and
Nationality and Borders Act 2022 (NABA 2022)
Border, Security, Asylum and Immigration Act 2025 (BSAIA 2025)
Forgery and Counterfeiting Act 1981 (FCA 1981)
Powers of Criminal Courts (Sentencing) Act 2000
Proceeds of Crime Act 2002
Fraud Act 2006 ( FrA 2006 )
Borders, Citizenship and Immigration Act 2009 (BCIA 2009)
Identity Documents Act 2010 (IDA 2010)

Modern Slavery Act 2015 (MSA 2015)
Deportation Orders
“Spent” Convictions
Rehabilitation of Offenders Act 1974
Part Suitability of the Immigration Rules
Bail
Offence specific guidelines
Public interest considerations
Refugees
Foreign National Offender Conditional Caution (FNOCC)
Aggravating Features
Article 7 ECHR
Facilitating unlawful immigration
R v Ginar [2024] EWCA Crim 1121
R v Kishientine [2004] EWCA Crim 3352; R v Ding (Pit Heng) [2010] EWCA Crim 1979
R v Bhatti [2015] EWCA Crim 1305
R v Ahmed [2023] EWCA Crim 1521
R v Le; R v Stark [1998] All ER (D) 437
R v Olivieira, [2012] All ER (D) 179 (Oct)
Human Trafficking
IA 1971, s 26(1)(d)
IA 1971, ss 26A(3), 26A(5)
IA 1971, s 26B(2)–(4)
FCA 1981, ss 1, 3, 6
R v Kolawole [2004] EWCA Crim 3047; R v Jeyarasa (Sivaguru) [2014] EWCA Crim 2545
IDA 2010, ss 4–6

CJA 1925, s 36
FrA 2006, ss 1–10
CJA 1925, s 36
R v Bunch [1993] 96 Cr App R 274
AI(TCE)A 2004, s 2(1)–(2)
Offences related to immigration control
Immigration Act 1971
Offences related to immigration detention
Offences for employers
Offences for landlords
Offences related to immigration advisors
R v Ali (Khuram Shazad) [2012] EWCA Crim 2298
Art 31 of the Refugee Convention
R v Mohamed [2023] EWCA Crim 211
Duress and Modern Slavery
Section 2 Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 – “Reasonable
Excuse”
The Nationality and Borders Act 2022