Asylum seeker piloting Channel boat jailed two days after arriving in Kent
10:36, 02 March 2023
updated: 11:58, 02 March 2023
A young asylum seeker who claimed he was coerced into piloting a boat across the Channel was jailed just two days after arriving in Kent.
Ibrahim Al Amin said he was fleeing persecution from a tribe in Sudan to find refuge in Britain, but was instead arrested for assisting unlawful entry into the country in a boat containing 45 people.
Prosecuting Al Amin at Folkstone Magistrates' Court, Julie Farbrace said: "That boat had left the French coast and was making its way across the Channel when it was intercepted by UK assets and he was brought to shore.
"Records show he has never applied for a visa to enter the UK.
"Images of the boat were looked into and showed him piloting the boat.”
Defending, Paul Shingleton argued Al Amin was seeking asylum in the UK and was forced into steering the boat when it launched on February 7.
“He has explained at length to police that he has sought refuge from being persecuted by a tribe which has a large presence in France which is why he felt he had to come to the UK,” said Mr Shingleton.
“He was subject to threats to pilot that boat and he pointed out the man who was directing the travel of that boat was also in contact with the smuggler who made those threats.
“He was piloting the boat, which is usually seen as an aggravating factor, but my view is that that should be negated by the clear threats that were made to pilot the boat.
“Of the 45 other people in that boat, no other people were taken into police custody.”
The court heard Al Amin has no family, employment and no financial means and Ms Farbrace petitioned the court not to impose a financial penalty.
“He is a man of good character and due to his situation I will not be asking you to consider a cost,” said Ms Farbrace.
"He was piloting the boat, usually an aggravating factor, but that should be negated by the clear threats made to pilot the boat..."
“There are no sentencing guidelines for this offence, the sentences range from 12-month custody to lower quantities of custody, and in some instances to suspended sentences."
Magistrates said Al Amin should be made an example of to others considering crossing the Channel without the proper documents and imposed a victim surcharge of £187.
Chairman of the bench Mrs Dhadwal said: “We deliberated long and hard, because it needs to be a a punishment for you and also to send a message to others.
“We considered the fact that you were piloting he boat and your evidence that this was possibly under duress.
“We are of the view that you must be sentenced in custody we have reduced the period to eight months from 12 months."
The 20-year-old was sentenced to eight months in prison at the hearing on February 9.
Speaking after the case, Mr Shingleton regretted the frequency with which such cases are being heard at court.
“The changes in law to extend powers of sentence in an attempt to discourage travel by boat," he said.
“I’ll leave you to decide if this change has made a difference in the numbers attempting the journey."