Judge says there’s a real risk illegal immigrants could use Jersey as a back door to the UK

Wednesday 26 October 2016

Jersey’s former Bailiff, and Royal Court Commissioner, Sir Michael Birt, says there’s every possibility illegal immigrants could use the Island as a back door to the UK.

And, he says, there’s nothing wrong in sending out the message that those flouting the law will be treated harshly.

His comments follow a recent case in which Sir Michael and Jurats Liston and Sparrow, heard a complicated appeal from an illegal immigrant who was arrested at Jersey harbour after being discovered in the boot of a car.

Mr Merikhi had pleaded guilty to entering the Island illegally, but later wanted to change his plea. Both the assistant magistrate and the Bailiff said legally this wasn’t possible.

At a subsequent hearing, the assistant magistrate concluded an appropriate sentence would be three months in prison, but considering all the factors, imposed a 10 week sentence, suspended for 12 months. It was following this Sir Michael heard Mr Merikhi’s appeal in the Royal Court.

He also turned it down, but at the time didn’t fully outline his reasons why. He’s now published a detailed explanation.

He starts by saying the court had to hear the appeal on legal grounds – solely whether the sentence was wrong in principle or manifestly excessive – and was not in a position to view the law as it should be, but had to make the decisions based on what it actually is.

He concluded Mr Merikhi had broken a very serious law and that he had been treated fairly in the courts.

One of the claims made by Mr Merikhi’s defence team was that the assistant magistrate was wrong to hand out a stiff sentence to act as a deterrent. But Sir Michael says there is nothing wrong in this, it’s in keeping with the same message the court sends out about drug importation.

In his judgement Sir Michael says: “Jersey lies only a short distance from the French coast. It is clear that there is a real risk of the Island being regarded as a form of back door entrance into the United Kingdom.

“It is in our judgement entirely proper that the courts of this Island should have regard to the importance of seeking to ensure that the Island is not so used by those seeking illegal entry to the United Kingdom.”

Jersey’s Lieutenant Governor has subsequently granted Mr Merikhi’s application for asylum.