Clandestine entrants into the UK and the transportation industry – significant Appeal Court judgment

In a ruling handed down last month, the Court of Appeal made an important judgment on the law relating to civil penalties and clandestine entrants to the UK.

Bolle Transport BV and Secretary of State for the Home Department [2016] EWCA Civ 783 involved an appeal against a civil penalty imposed on the appellant (a major Dutch international haulier) by the Secretary of State for the Home Department pursuant to the provisions of the Immigration and Asylum Act 1999 on the grounds that, upon arrival of one its vehicles at the international Royal Mail depot at Langley, Berkshire, six “clandestine entrants” were discovered hiding in the appellant’s trailer.

The appeal raised important issues as to the construction and application of Part II of the 1999 Act and the extent of the statutory defence available to carriers to avoid liability as “a responsible person” to a penalty for the entry of clandestine entrants into the United Kingdom.

Richard Barraclough QC, leading Simon Clarke, of Smith Bowyer Clarke, represented the appellants.

Click here for the full transcript of the judgment