
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.
Crown Court
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.
Court of Appeal (Criminal Division)
Mr Rahman sought to appeal against his sentence, arguing that it was manifestly excessive. The Court, however, rejected the appeal.
At least nine of the migrants had failed in their asylum applications before they were employed and accommodated by the accused.
Mr Rahman had no prior convictions.
Mr Rahman was the owner of the restaurant in which the migrants were working illegally.
Court of Appeal (Criminal Division)
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.