Lithuanian Truck Driver Refused Entry to UK Wins his Appeal

The background to these case is an interesting one:  The truck driver was stopped by the UK Border Force at Calais whilst carrying a consignment into the UK. An inspection of his vehicle uncovered a number of clandestine entrants (illegal immigrants) hidden in the trailer. The driver was unaware that the migrants had gained entry to his trailer, and at no point was it alleged that he had committed any criminal offence.  Despite this, the Border Force refused him entry into the UK on the basis that he would pose “a genuine present and sufficiently serious threat to the interests of public policy”.

On Appeal it was argued that, as an EU Citizen, the truck driver had a right of free movement, and the decision by the Border Force to refuse him access was unlawful under both UK and EU law. Entry to the UK could only be refused if it was justified on the grounds of public policy, public security or public health. It was demonstrated that none of these grounds applied, and that the decision to refuse him entry was entirely disproportionate. The Appeal was allowed.