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LINK SPOLKA Z O.O. & anr (claimant/appellant) –v- The Secretary of State for the Home Department (respondent)

Tuesday 2nd November 2021

The two Claimants seek permission to appeal the order of HHJ Fine dated 18 December 2020 which dismissed the Claimants’ appeals against the imposition of Civil Penalty fines by the Respondent Secretary of State for the Home Department..

On 11 April 2018 a search revealed the presence of 5 clandestine entrants concealed in the vehicle driven by the Second Claimant (C2) and owned and operated by the First Claimant Link Spolka Z O.O.

Part 2, s.32 of the Immigration and Asylum Act 1999 gives discretionary powers to the Respondent, exercisable upon the discovery of clandestine entrants in a vehicle entering or attempting to enter the United Kingdom, to impose a Civil Penalty against the owner, the hirer and the driver of a relevant vehicle.

Civil Penalties were imposed against C1 and C2 in the sum of 1200 pounds for each of the five clandestine entrants carried, a total penalty of 6,000 pounds for C1 and in the sum of 200 pounds for each of the five clandestine entrants carried, a total penalty of 1,000 pounds for C2.

The Claimants appealed to the County Court at Nottingham and that appeal was heard by HHJ Fine on 18 December 2020 who upheld the fines imposed by the Respondent.

The Claimant company also appeal in respect of the order of HHJ Coe dated 25 September 2020 made on appeal in respect of Civil Penalties imposed in respect of other Clandestine Entrants.

View hearing:

Part 1

Part 2