Hi Court sees first major challenge on penalty fines
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io by Guy Sheppard
The first major challenge to the appeals procedure for hauliers caught bringing illegal immigrants into the UK is taking place today (8 February) at the High Court.
City law firm Holmes Hardingham is seeking a judicial review into the legality of the Immigration Service's appeals procedure, which it claims is flawed.
The company is acting for Italian haulier Balbo, which faces a £22,000 fine after 11 immigrants were found in one of its trucks at Dover last June. Although the driver told the Immigration Service (IS) that he had carried out checks in accordance with the Code of Practice, an appeal against the fine was turned down on the basis that "there was some doubt whether he had pulled on the T1R cord and seal".
According to lawyer Ian Ramsay, who is acting on Balbo's behalf, the appeal was "seriously flawed". Now Ramsay hopes that a judicial review will reveal the procedure to be unfair.
Ramsay says the fact that the load was soiled suggests the immigrants got onto the vehicle either in Calais or on board the ferry. "We consider the driver's checks
were reasonable,'' he adds. "The journey documents were all in order and there's no question he was in any way involved." Ramsay reports that the IS is taking the review very seriously and intends to bring In top constitutional experts to fight on its behalf.
If a legal review did find against the IS it would have huge implications for the hundreds of hauliers currently fighting fines imposed in similar circumstances. Ramsay says a decision is likely to take several weeks.
• An influential group of MPs is urging the government to rethink the way hauliers and drivers caught carrying stowaways can appeal against their fines.
In its report on border controls, the Commons Home Affairs Committee concludes: "The independence of the appeal system for carriers' liability should be reviewed." The report has not decided how effective the fines are as a deterrent, even though they were introduced 10 months ago. "It remains to be seen what
effect the civil penalty will have in the medium term in encouraging lorry owners and drivers to take more care to prevent illegal entry on their vehicles," it adds.
The Freight Transport Association, which gave evidence to the committee, describes the fines process as "a failed policy". The report follows widespread protests from haulage leaders about the way the IS handles appeals.
FTA spokesman Geoff Dossetter says: "The Immigration Service acts as arresting officer, judge, jury and appeal court on the same action. This cannot be fair...the Home Affairs Committee shares that view."
• See Comment, page 7.