The respondent introduced rules imposing fixed and penalties on HGV drivers coming into the UK who were found to have stowaway illegal entrants. The operators sought judicial review.
Held: The penalty was in the character of a criminal penalty, not a civil one as proposed by the Secretary of State. The opportunities to challenge the penalties allowed at enforcement stage were inadequate to remedy the infringements of his right to a fair trial. It was impossible to reconcile the rules and convention rights and a declaration of incompatibility was made.
Citations:
Times 11-Dec-2001, Gazette 10-Jan-2002
Statutes:
Immigration and Asylum Act 1999, Carriers’ Liability (Clandestine Entrants and Sale of Transporters) Regulations 2000 (SI 2000 No 685), Carriers’ Liability (Clandestine Entrants) (Code of Practice) Order 2000 (SI 2000 No 684), Human Rights Act 1998, EC Treaty
Cited by:
Appeal from – Secretary of State for the Home Department v International Transport Roth Gmbh and others CA 22-Feb-2002
The Appellant had introduced a system of fining lorry drivers returning to the UK with illegal immigrants hiding away in their trucks. The rules had been found to be in breach of European law and an interference with their human rights. The . .
Lists of cited by and citing cases may be incomplete.
European, Transport, Human Rights, Immigration
Updated: 28 April 2022; Ref: scu.166974