判例法数据库

偷运移民

罪行

• 促成非法居留
• (给偷运者的)钱财或其他物质利益

R v Rahman

事实梗概

This case relates to the harbouring and illegal employment of 21 migrants, some of whom had previously failed in their asylum applications in the UK. The migrants were found working illegally in two Indian restaurants. The restaurant owner initially face civil penalties totalling GBP 165,000 and was later also convicted for offences relating to migrant smuggling. An appeal against his sentence was rejected.

The accused in this case operated three Indian restaurants. Two of the restaurants were searched by the UK Border Agency on 30 July 2009, 22 September 2009, and 4 March 2010. A total of 21 illegal workers were apprehended during these searches. Some of them had failed in their asylum applications and held only visitor visas with no work rights.
A Court later also noted that the conditions in which the migrants were living were very poor and cramped. At one restaurant, three to five workers had to share one room, sleeping on mattresses on the floor. Some other migrants had to sleep in a restaurant that had no electricity.

Counsel for the defendant conceded that there was a degree of economic benefit to him, in that the migrants helped out in his restaurants.

交叉问题

责任

... 为了

• 既遂犯罪

... 作为涉及方

• 主犯

程序步骤

法律制度:
习惯法
 
诉讼 #1:
  • 阶段:
    初审
  • 裁决日期:
    Mon Dec 06 00:00:00 CET 2010

    法院

    法院名称

    Crown Court

     

    地点

  • 城市/城镇:
    Carlisle
  • • 刑事的

    说明

    In this trial, Mr Rahman was found guilty on charges relating to assisting unlawful immigration contrary to s 25(1)(a) of the Immigration Act 1971 (UK) c 77. He was sentenced on 6 December 2010.

     

    结果

  • 陪审团裁决:
    有罪
  • 刑事判决

    刑事判决

    监禁期:
    2 岁
     
    诉讼 #2:
  • 阶段:
    上诉
  • 官方案件编号:
    R v Rahman [2011] EWCA Crim 1985 (15 June 2011)
  • 法院

    法院名称

    Court of Appeal (Criminal Division)

     
    • 刑事的

    说明

    Mr Rahman sought to appeal against his sentence, arguing that it was manifestly excessive. The Court, however, rejected the appeal.

     

    移民

    移民:
    21 persons

    At least nine of the migrants had failed in their asylum applications before they were employed and accommodated by the accused.

    被告/ 初审被申请人

    被告:
    Hifzur Rahman
    性别:
    国籍:
    年龄:
    47

    Mr Rahman had no prior convictions.

    指控/索赔/裁决

    被告:
    Hifzur Rahman
    法规:
    Immigration Act 1971s 25(1)(a) - Assisting unlawful immigration to Member State
    指控详情:

    Mr Rahman was the owner of the restaurant in which the migrants were working illegally.

    法院

    Court of Appeal (Criminal Division)

    来源/引文

    R v Rahman [2011] EWCA Crim 1985; [2012] 1 Cr App R (S) 51

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