Case Law Database

Smuggling of migrants

Offences

• Enabling illegal stay
• Financial or other material benefit (to smuggler)

Olunsanya & Sabina v The Queen (2012) EWCA Crim 900 (4 May 2012)

Fact Summary

This case involves a complex sham marriage arrangement that enabled two Nigerian nationals to remain in the UK using someone else's identity documents and to claim child benefits and tax credits. Through a wider conspiracy, the Nigerian couple used a Dutch national, a co-accused, to set up a sham marriage with the Nigerian male. The Dutch identity papers were used by the Nigerian female when she and her partner filed their marriage application. The Dutch co-accused then came to the UK for the wedding ceremony, but the Nigerian couple continued to use her papers to claim child benefits and tax credits. Three persons were convicted on charges of conspiracy to facilitate a commission of a breach of UK immigration laws on 24 January 2012. The Nigerian male and the Dutch female later unsuccessfully sought to appeal their sentences.

Mr Olusanya benefited financially from the sham marriage scheme in that it enabled him to claim child benefits and tax credits of approximately GBP 8200.

Ms Sabina received GBP 3000 for the two trips she made to the UK.

Cross-Cutting Issues

Liability

... for

• completed offence

... as involves

• principal offender(s)

Gender Equality Considerations

Details

• Gender considerations
• Female principal offender

Procedural Information

Legal System:
Common Law
Accused were tried:
together (single trial)
 
 
Proceeding #1:
  • Stage:
    first trial
  • Decision Date:
    24 January 2012

    Court

    Court Title

    Crown Court

     

    Location

  • City/Town:
    Manchester
  • • Criminal

    Description

    In this trial, the three accused pleaded guilty to the single count pf conspiracy to facilitate the commission of a breach of UK immigration laws by non-EU persons.

     

    Outcome

  • Verdict:
    Guilty
  • Sentences

    Sentence

    Term of Imprisonment:
    4 years
     

    Olukayode Olusanya was sentenced to 4 years imprisonment.

    Sentence

    Term of Imprisonment:
    3 years
     

    Zunica Sabina was sentenced to 3 years imprisonment.

    Proceeding #2:
  • Stage:
    appeal
  • Official Case Reference:
    Olunsanya & Sabina v The Queen [2012] EWCA Crim 900 (4 May 2012)
  • Decision Date:
    04 May 2012

    Court

    Court Title

    Court of Appeal (Criminal Division)

     
    • Criminal

    Description

    Mr Olusanya and Ms Sabina unsuccessfully sought to appeal against their sentences.

     

    Migrants

    Migrant:
    1 person
    Gender:
    Male
    Nationality:
    Nigerian
    Migrant:
    1 person
    Gender:
    Female
    Nationality:
    Nigerian

    Defendants / Respondents in the first instance

    Defendant:
    Olukayode Olusanya
    Gender:
    Male
    Nationality:
    Nigerian

    Mr Olusanya was residing illegally in the UK at the time when he entered into the sham marriage. He and his Nigerian partner had four children at the time they committed the offence.

    Defendant:
    Zunica Sabina
    Gender:
    Female
    Nationality:
    Netherlander

    Ms Sabina is a Dutch national of Antilles extraction residing in the Netherlands.

    The case report refers to a third person charged and convicted in the UK in relation with this sham marriage. Information about the identity of that person was not available at the time of writing, though this person might have been Mr Olusanya's Nigerian partner.

    The case report also refers to one or more other persons involved in this conspiracy, including one person based in the Netherlands who paid Ms Sabina for her role in this arrangement.

    Information about the other persons involved in the conspiracy, including those based in the Netherlands, was not available at the time of writing.

    Charges / Claims / Decisions

    Defendant:
    Olukayode Olusanya
    Charge:

    [conspiracy to facilitate the commission of a breach of UK immigration law by non-EU persons]

    Statute:
    Immigration Act 1971 (UK) c 77
    Charge details:

    Mr Olusanya was the Nigerian male who entered into the sham marriage.

    Defendant:
    Zunica Sabina
    Charge:

    [conspiracy to facilitate the commission of a breach of UK immigration law by non-EU persons]

    Statute:
    Immigration Act 1971 (UK) c 77
    Charge details:

    Ms Sabina was the Dutch national who gave her identity papers to the Nigerian couple and also participated in the wedding ceremony with Mr Olusanya.

    Sources / Citations

    Olunsanya & Sabina v The Queen [2012] EWCA Crim 900; [2013] 1 Cr App R (S) 32

    This entry was copied from The Migrant Smuggling Case Database, launched by the University of Queensland Migrant Smuggling Working Group in August 2013.

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