Brazilian's student visa had expired in June 2003

BRITAIN: The Brazilian electrician mistakenly shot dead by police in London had overstayed his student visa by more than two…

BRITAIN: The Brazilian electrician mistakenly shot dead by police in London had overstayed his student visa by more than two years, the British government confirmed last night, as preparations were under way for a new appeal for witnesses to his death.

In a carefully worded statement, the Home Office appeared to suggest that Jean Charles de Menezes had a forged stamp in his Brazilian passport giving him permission for "indefinite leave to remain" in Britain.

His student visa ran out on June 30th, 2003.

"We have seen a copy of Mr de Menezes's passport containing a stamp apparently giving him indefinite leave to remain in the UK. On investigation, this stamp was not one that was in use by the immigration and nationality directorate on the date given," a spokeswoman said.

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The statement resolves the apparent conflict between those who claimed he was an overstayer and his relatives who said he had shown them a stamp proving his legal right to work in the country.

Brazilians do not need a visa to come to Britain as visitors.

The clarification was issued as the Independent Police Complaints Commission (IPCC) said its investigation team would today appeal for witnesses to the fatal shooting at Stockwell tube station.

Earlier, Ian Blair, Britain's top police officer, mounted his staunchest defence yet of the firearms officers who shot Mr de Menezes, who they had mistaken for a suicide bomber.

The Scotland Yard commissioner refused to discuss the death in detail as it was now the subject of the IPCC inquiry.

He described the shooting as a tragedy for which the Metropolitan police took full responsibility but commended the officers involved for their bravery, saying they had rushed towards what could have been their deaths.

"Whatever else they were doing, they clearly thought they were faced with a suicide bomber and they were running towards him," he told the Metropolitan Police Authority.

"They were running towards what might have been certain death. Whatever else has happened, that has to be taken into account.

"Had that person been a suicide bomber, and had the officers not fired and the tube doors closed, and 25 yards up the track the bomb had exploded with terrible loss of life, the officers would be in a worse situation than they are now." Officers from the SO19 firearms unit shot Mr de Menezes eight times, seven to the head, last Friday, after undercover officers had followed him several miles from his home in Tulse Hill in the belief that he was a terrorist suspect.

Sir Ian said there was nothing "cavalier or capricious" about the operation, and said that other officers were prepared to do the same thing should the circumstances arise.

He defended what he called the "shoot-to-kill-to-protect" policy, saying it was the "least-worst option" when dealing with possible suicide bombers.

"I'm not certain that the tactic we have is the right tactic," he said. "But it is the best one we have found so far."