Clandestine Entrant Penalties Reduced by 88% – Down from £24,000 to £3,000!

This European operator, represented by barrister Simon Clarke in the County Court, won a reduction of his civil penalties from £24,000.00 to just over £3,000.00. Border Force refused to review the financial means assessment by quoting the 28-day time limit in Section 6 of the Carriers’ Liability Regulations 2002. The court agreed with Simon’s argument. The court held that Border Force’s approach to not reviewing the evidence was misguided. The Judge found that the Respondent had ample opportunities to review the evidence prior to the hearing without a need to go to court which meant that the Respondent was liable for 50% of the appellant’s appeal costs.

If you have received a civil penalty for clandestine entrants, get in touch with one of our lawyers today.