Clandestine entrant penalty completely reversed

16 October 2024

This week, our dispute resolution team achieved a significant victory, successfully overturning a penalty charge of £120,000 penalty imposed after 10 clandestine entrants were found in our client’s vehicle.

Under the Immigration and Asylum Act 1999, both the vehicle operators and the drivers may face substantial fines when clandestine entrants are found, unless it can be proven that effective preventative measures were in place. Despite the severity of the situation and the substantial fine issued by the Border Force, our team meticulously gathered evidence, demonstrating that all reasonable precautions were taken by our client to prevent the clandestine entrants from boarding the vehicle.

We gathered comprehensive evidence showing that our client had conducted thorough vehicle checks, adhered to industry standards and complied fully with legal requirement. Through strategic negotiations and a detailed review of the case, we successfully argued that the penalty was disproportionate. As a result, the £120,000 charge was completely cancelled.

This result not only saved our client a substantial financial burden but also highlights the importance of a strong legal defence when facing penalties related to clandestine entrants.  Our team remains committed to protecting our clients’ interest and delivering exceptional results, even the most challenging cases.

If you require any assistance with penalties relating to clandestine entrants and would like a free no-obligation chat, contact our dispute resolution team here.

This article was written by Libby Pritchard and Joanna Falk.