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Immigration and Asylum Act 1999

Section 32: Penalty for carrying clandestine entrants

117.Subsection (1) defines a clandestine entrant as someone who evades or attempts to evade immigration control, or claims or intends to claim asylum having (a) arrived in the United Kingdom having concealed himself in a vehicle, ship or aircraft; or (b) gone through or tried to go through immigration control concealed in a vehicle; or (c) arrived in the United Kingdom having embarked on a ship or aircraft outside the United Kingdom concealed in a vehicle.

118.Subsection (2) makes those responsible for clandestine entrants liable to a penalty for each person carried in this way. Liability also extends to other persons (eg dependants) who were concealed with the clandestine in the same transporter. Subsection (4) makes provision for the joint and several liability of the persons responsible to be discharged by payment of the penalty by one or more of them.

119.Subsection (5) details who is responsible for clandestine entrants arriving in the United Kingdom concealed in a vehicle (see subsection (1)(a)). Those responsible are the owner or captain of the ship or aircraft if the clandestine is concealed on a ship or aircraft; or the owner, hirer or driver if concealed in a vehicle; or the owner, operator or hirer if concealed in a detached trailer. (“Owner” is given an extended meaning by section 43.) Subsection (6) establishes who is a responsible person in relation to clandestine entrants as defined in subsection (1)(b) and (c). The responsible person will be the owner, hirer and driver of the vehicle or the owner, operator or hirer of the detached trailer. Subsection (7) makes clear that it is irrelevant whether the person responsible for a clandestine entrant knew or suspected that one or more clandestine entrants were concealed in the transport used.

120.Subsections (8) and (9) provide that, where a vehicle is itself carried on a ship or aircraft, those responsible for a clandestine entrant transported in that vehicle are liable only for that person and not for other clandestines who may have been transported at the same time in other vehicles on the ship or aircraft, or in the ship or aircraft itself.

121.Subsection (10) explains that “immigration control” for these purposes includes a United Kingdom immigration control that is operated in a prescribed control zone outside the United Kingdom, such as that at the juxtaposed immigration control in Coquelles. It is proposed that the latter will be prescribed.

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