Suspended sentence for asylum seeker who hid in car boot

Friday 06 May 2016

A disabled asylum seeker has escaped a prison sentence after illegally sneaking into Jersey in the boot of a car in January.

In the first case of its type in Jersey, Amir Merikhi was found by customs officers after having travelled from the ‘Jungle’ refugee camp near Calais to St Malo, where he caught a ferry to Jersey. He claimed asylum from Iran shortly after arriving at the car ferry port in St Helier on January 30.

The 29-year-old initially admitted entering Jersey illegally, but yesterday tried to change his plea in the Magistrate’s Court. This was refused by Magistrate Peter Harris, who then sentenced Merikhi to ten weeks in prison, suspended for one year, for the offence.

After sentencing, in broken English, Merikhi said: “I am a responsible man. I am not a criminal.”

Merikhi’s claim for asylum status has yet to be heard.

Speaking through an Iranian translator, defending Advocate Pierre Landick said: “Mr Merikhi’s application for asylum is still being processed and I am asking the court to deal with him as a genuine refugee. He has now in effect been punished twice. He is fleeing the jurisdiction of where he lived but has lost his home, his job and his life. Not only has he lost his home, but he is also now at risk of being jailed in the country to where he fled.

“He has suffered enormous mental stress because of everything that has been going on in his life.”

Advocate Landick, who told the court Merikhi had professional medical qualifications, added: “You will be considering this offence passes the custodial threshold and I am suggesting that it does not. There is no record of any offences committed by Mr Merikhi and therefore I suggest he should be treated as a man of previously impeccable character.”    

At one point the Magistrate asked Advocate Landick for more information on his decision to leave his home country, saying: “In three months you have not asked him why he left Iran?”

The defence lawyer said detailed reasons behind his bid for asylum were not an issue for the court and the Magistrate then delivered his sentence. 

Mr Harris said: “You have been charged with one offence of entering the island of Jersey while not being a British citizen. Shortly after your arrival you made an application for asylum and that application is now being processed by the relevant authorities.

“The circumstances of your travel shows that this was an intentional act and in the full knowledge that you were acting illegally. Had it not been for the due diligence of Immigration Officers you would not have been discovered.

“Since being released from prison three months ago he (Merikhi) has abided by his bail conditions.

“This is the first time this offence has come before the courts in Jersey and there are no sentencing guidelines so I must apply basic principles. It must be understood by people inside and outside the island that breaching this island’s immigration laws is a serious matter and will lead to offenders facing a custodial sentence. Taking all the aggravating and mitigating factors into account I think that the appropriate sentence would be three months in prison. Taking into account the nearly two weeks he has already spent in prison, that comes to ten weeks. I propose a sentence of ten weeks, but suspended for a period of 12 months.

“As a result Mr Merikhi, provided he does not commit any offences on the island, will retain his liberty. I will not be imposing any restriction on where he lives or travels to as that is an immigration matter.”

Turning to Merikhi, Mr Harris said: “If you keep out of trouble you will be OK. If you get into trouble with the law you will be back here.” 

The prospect of Jersey becoming a gateway to the UK for refugees has been fiercely debated due to the ease in which visitors can reach the island and the prospect of hundreds of refugees at the camp in Calais being dispersed. 

Ferries make the 80-minute trip from St Malo to Jersey up to 14 times a week and the island is only 14 miles off the French coast.