LEGAL BULLETIN
Page 18
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011-0WAIOVAilre
• In order for the notice of objection to be successful, it must quote the reference of the penalty notice and must be sent to the Secretary of State or the Home Department, ie the UK Immigration Service, Civil Penalties, Central Administration.
What amounts to a valid objection will be based on the statutory defence. The act provides a defence for the carrier, owner, operator or hirer, if he demonstrates that he acted under duress. Alternatively, it is a defence if it can be shown that he did not know of, and had no reasonable grounds for suspecting the presence of an illegal immigrant. It must also be demonstrated that he has an effective system in operation to prevent illegal immigrants from travelling on the vehicle/trailer, and that the persons responsible for operating the system did so properly.
The Immigration Service, on behalf of the Secretary of State, will have regard to the code of practice when determining the validity of an objection.
• While an objection is being considered, the penalty does not have to be paid. But once a decision is made by the Immigration Service, the penalty is payable within Go days of the date of service of the notice of liability, or if that period has expired, immediately.