Bogdanic v The Secretary of State for the Home Department
2014
QUEEN’S BENCH DIVISION
United Kingdom
CORAM
- THE HONOURABLE MR JUSTICE SALES
Areas of Law
- Immigration Law
- Administrative Law
2014
QUEEN’S BENCH DIVISION
United Kingdom
CORAM
AI Generated Summary
The case revolves around whether amendments to the Immigration and Asylum Act 1999 apply to immigration control zones in France, with Mr. Bogdanic challenging financial penalties imposed for clandestine entrants in his lorry. The High Court applied the interpretative principle from Inco Europe, favoring the Secretary of State's position.
Judgment
Mr Justice Sales:
Introduction
Part II of the Immigration and Asylum Act 1999 (“ the 1999 Act ”), entitled “Carriers’ Liability”, sets out a regime under which the Secretary of State can impose civil penalties in the form of monetary fines on a carrier whose vehicle, on passing through United Kingdom border control, is found to contain clandestine entrants to the United Kingdom (that is, people who are hiding in the vehicle in an attempt to evade immigration control and enter the United Kingdom without permission). The object of the regime is to encourage carriers, such as lorry drivers, not to transport clandestine entrants into the United Kingdom and to exercise care to ensure that there are no clandestine entrant stowaways hidden in their vehicles when they come to the United Kingdom from abroad.
Since Part II of the 1999 Act was brought into force in 2000, United Kingdom border controls have been established at certain designated immigration control zones outside United Kingdom territory, in France. The first immigration control zone was established at Coquelles. In 2004 three other immigration control zones were established, at Calais, Boulogne and Dunkirk.
This case concerns the operation of the carriers’ liability regime in relation to the immigration control zones in France. This is the judgment in the trial of a preliminary issue which arises on the appeal by Mr Bogdanic against certain civil penalty charges imposed by the Secretary of State in relation to clandestine entrants who were found hiding in his lorry. The Secretary of State says that in an inspection on 16 September 2011, three clandestine entrants were found hiding in a lorry driven by Mr Bogdanic in the immigration control zone at Dunkirk.
The Secretary of State gave notice of imposition of a civil penalty under Part II of the 1999 Act , as amended by section 125 of and Schedule 8 to the Nationality, Immigration and Asylum Act 2002 (“ the 2002 Act ”). The amendments to the 1999 Act pursuant to the 2002 Act took effect on 8 December 2002, by virtue of being brought into effect on that day by the Nationality, Immigration and Asylum Act 2002 (Commencement No. 1) Order 2002 (SI 2002/2811) (“the Commencement Order”). The preliminary issue on the appeal concerns the proper interpretation of the Commencement Order.
The Secretary of State imposed a penalty on Mr Bogdanic personally of £75 per clandestine entrant and a penalty on the company which owned the lorry of £250 per cl