No. 2007/05133/A6
Neutral Citation Number: [2007] EWCA Crim 2990
IN THE COURT OF APPEAL
CRIMINAL DIVISION

Royal Courts of Justice
The Strand
London
WC2A 2LL

Thursday 1 November 2007

B e f o r e:

LORD  JUSTICE  HOOPER

MR  JUSTICE  PITCHFORD

and

MRS  JUSTICE  DOBBS  DBE

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R E G I N A

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KASRA ROSTAMKHANY
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Mr P J Stage appeared on behalf of the Applicant

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Judgment
Thursday  1  November  2007

LORD JUSTICE HOOPER: 
1.  The applicant applies for an extension of time in which to apply for leave to appeal and for leave to appeal.  We grant the necessary extension of time and we grant leave to appeal.

2.  This case raises the troubling issue as to what is the appropriate sentence for a person who is to be treated as a refugee, having arrived at Gatwick with a false passport.

3.  Mr Stage has convinced us that this matter ought to be looked at more fully than it can be today in the absence of anyone from the prosecution.  The appellant (as he now is) is not in custody.

4.  We suggest that this case be heard by the Vice-President of the Court of Appeal, Criminal Division, or by the President of the Queen's Bench Division.  We direct that the Crown be represented in order to assist the court about these kinds of cases.

5.  Do you have a representation order, Mr Stage?

6.  MR STAGE:  My Lord, would your Lordship grant a representation order just in case it does not extend --

7.  LORD JUSTICE HOOPER:  We grant you one if you do not already have one.