Emma Daykin successfully contested a Home Office application for forfeiture of an asylum seeker’s $6000 found on him having been picked up in a small boat crossing the Channel.  Following complex submissions as to the requisite intention under the Proceeds of Crime Act 2002, whether it was correct that he had engaged in unlawful conduct by illegal entry or facilitation of his own illegal entry, whether he would have a defence to any such prosecution under the Refugee Convention, whether any such prosecution would be an abuse of process and whether the cash was recoverable property.  The Court refused the application for forfeiture and unusually in these cases ordered the Home Office to pay his legal costs in their entirety.  Emma was instructed by Elaahi & Co Solicitors.