Have your say – Last chance – Call for evidence regarding clandestine entrants
23 August 2024
The ICIBI has begun an inspection of the Border Force operations to deter and detect clandestine entrants to the UK. This call for evidence will include a review of the efficiency and effectiveness of the Clandestine Entrant Civil Penalty Scheme and the Civil Penalty Accreditation Scheme. The closing date is however 6 September 2024, so this is your last chance. We have met with the ICIBI and put forward our suggestions and concerns. Have you?
The Clandestine Entrants Civil Penalty Scheme, introduced in 2023, increased fines from £2,000.00 to £10,000.00 per clandestine found onboard a vehicle. This penalty can be imposed on both an Employer as well as the Owner/Hirer of the Vehicle, which can mean operators are receiving a penalty of up to £20,000.00 per clandestine discovered. This ICIBI inspection is undoubtedly linked to the number disproportionate penalties still being upheld and comes after the recent ruling handed down by the Court of Appeal in the case of KLG Trucking SRL and Secretary of State for the Home Department. This case ruled that the mere fact that a Company has not failed to comply with the Regulations did not prevent a penalty from being imposed. This ruling was a blow for many operators around the UK carrying out international journeys where various systems had been implemented to ensure compliance with the Regulations.
The Independent Chief Inspector invites anyone with knowledge or first-hand experience of clandestine entry to the UK by vehicle or freight, and of the measures employed to deter and detect clandestine entrants, to submit evidence to further the inspection. To do this you should send your submission to the Independent Chief Inspector here: clandestineentrants@icibi.gov.uk .
This will assist Border Force in receiving as many individual accounts and insights as possible to understand what is working well and where improvements need to be made.
Contact the Dispute Resolution team here for more information in this or if you require assistance with any clandestine entrant penalty or joining the Clandestine Entrant Penalty Civil Penalty Accreditation Scheme.
