Where a notice of liability was served on a transport operator with regard to his responsibility for transporting illegal immigrants into the country, and he wished to challenge it, the proper approach was to allow the notice to expire, and then to defend any proceedings brought. Given that way of dealing with it, it was not appropriate to challenge the notice itself by way of judicial review. The form of notice issued after review did not refer to the Secretary of State’s need to pursue his remedy through the courts. This was unfortunate, but if it were true, it would make him judge and jury in his own cause.
Citations:
Gazette 11-May-2001, Times 22-Mar-2001, [2001] EWHC Admin 195, [2001] 1 WLR 1556
Links:
Statutes:
Immigration and Asylum Act 1999 34
Jurisdiction:
England and Wales
Judicial Review, Immigration, Transport
Updated: 25 October 2022; Ref: scu.88650