Guidance

Passenger documents: when carriers are charged

Published 22 July 2007

This information is for all carriers (especially the owners, agents and operators of ships and aircraft) operating international services to the UK.

Under Section 40 of the Immigration and Asylum Act 1999, carriers are liable to charges if they carry a passenger to the UK who is not properly documented (we call this an ‘inadequately documented arrival’). The current charge for each inadequately documented arrival is £2,000. The carriers liaison section (part of the Risk and Liaison Overseas Network) is responsible for administering charges under Section 40.

This information gives details of what we mean by an inadequately documented arrival. It also explains our charging regime and gives practical advice on how to object to these charges.

1. When will we raise a charge?

We will charge a carrier if a passenger arrives in the UK:

• without a travel document (for example a valid passport)
• with a mutilated document (this means, for example, the document is damaged so badly that it affects security features or the ability to see the photograph of the document holder)
• as an impersonator (the picture in the document does not correspond to the person travelling with that document)
• with a deferred visa (one that is not yet valid)
• with an expired visa
• with a false visa (but only if the falsity is ‘reasonably apparent’, as explained below)
• with a false visa exemption (an endorsement other than a UK visa that is forged, but only if the falsity is ‘reasonably apparent’, as explained below)
• with no visa
• with a child visa (and is not accompanied by the adult specified on the visa)
• with an unacceptable document (for example a South African temporary passport, which is no longer accepted for travel to the UK)
• with a fraudulently obtained document
• with a false document (but only if the falsity is ‘reasonably apparent’, as explained below)
• with an expired document
• with a document issued by a country which does not actually exist (we call this a spurious document)

When a person presents a false passport or other document, the carrier would only be liable to a charge if the falsity is reasonably apparent. We consider a falsity to be reasonably apparent if a trained representative of the carrying company could reasonably be expected to detect it by examining it carefully but briefly and without the use of technological aids.

Further information on improper documentation can be found in section 2 of our ‘Charging procedures guide for carriers’. The guide also gives other detailed information on charging procedures.

2. What happens if we raise a charge?

When we establish that a person has arrived in the UK and is not properly documented, you (or your handling agent) will be notified of the person’s arrival as soon as practicable (within 48 hours). Notification will normally be over the telephone or by fax on form CLA1.

You will be given the opportunity to examine the document and speak to the passenger (provided they agree to this). You may also wish to make your own enquiries to establish how the passenger was able to evade your own document examination and/or security operations.

A senior officer will then look at the case and decide if you are liable to a charge or not.

If there is no liability

If there is no liability, you will receive a notification of arrival (form IS80A) and we will take no further action.

If there is a potential liability

If we decide there is a potential liability to a charge, you will receive a notification of potential liability to a charge (form IS80B).Before sending out form IS80B, the officer will have already examined the case in detail and will have taken account of all the apparent issues, such as the standard of falsity if a false document was presented, or any exceptional circumstances.

3. If you wish to object to the charge

On receiving form IS80B, you have 30 days in which to make representations to the port inspector. Note that inspectors are not obliged to consider representations received after this time unless you have asked for their prior agreement.

Representations to the port inspector should give clear reasons why you consider that there is no liability to a charge. Ensure that you address the relevant points in your objections and explain any extenuating circumstances. You may also disagree that the falsity of a document is reasonably apparent or you may hold evidence which you consider shows that the person was properly documented when he/she boarded.

If an inspector, having considered your representations, decides that a charge should not be imposed, he/she will send you a notification of a decision not to proceed with charge, on form IS80C. The case will then be closed.

If an inspector decides to maintain the charge, he/she will send you a notification of demand for payment, on form IS80D. This advises that you have 30 days in which to pay.

You may still object to this charge by sending further representations to the Carriers Liaison Section. Please send your objections to the inspector at:

ukbaigraloncls@homeoffice.gov.uk

or

Carriers Liaison Section
Amadeus
The Quartet
Mondial Way
Hayes
Middlesex
UB3 5AR

It is important that your objection gives the reason why you think there is no liability to a charge. For example, you may feel that proper procedures were not followed at the port including whether:

• you were notified of the arrival promptly
• you were able to view the document
• you received form IS80B informing you of a potential liability to a charge

If the linkage was by means of CCTV, are you satisfied that the linkage was accurate? You may also wish to discuss the wider picture with the inspector regarding your previous good performance, for example good off-load figures or good co-operation with the airline Immigration Liaison Manager (ILM). You may also dispute the fact that a forgery or impersonation was reasonably apparent.

Note that objections must be submitted within 28 days of receiving the charge notice (form IS80D). Any representations or objections received once this 28-day period has passed cannot be considered.

A senior officer in the Carriers Liaison Section will consider your objection and decide whether or not to cancel the charge. You will be notified of a decision within 70 days of the date on the charge notice.

Whether or not you give a written notice of objection, you may appeal to any county court against the decision to charge you. You must appeal to the court within 28 days of the date of the charge notice (IS80D) or if you make a written objection, within 28 days of the date we sent you our decision in response to your objections.

4. Examples of when charges may be waived

Read Appendix A of the ‘Charging procedures guide for carriers’ for a list situations in which senior officers will normally be prepared to waive a charge in relation to a person who arrives without the required documents.

[For more information on section 40 charging procedures, see the ‘Charging procedures guide for carriers’. They are also summarised in a flow chart of section 40 charging procedures.

5. Contact the Carriers Liaison Section

Carriers can contact the Carriers Liaison Section for information on charges for carrying inadequately documented passengers.

You can contact the Carriers Liaison Section by:

• phone: +44 (0)20 3014 8282
• email: ukbaigraloncls@homeoffice.gov.uk

Carriers Liaison Section
Amadeus
The Quartet
Mondial Way
Hayes
Middlesex
UB3 5AR