Liability for Clandestine Entrants

The law which establishes the penalty scheme for clandestine is contained within Part II of the Immigration and Asylum Act 1999.  Further legal requirements, including the security standards expected of owners, operators, hirers to adhere to when securing a vehicle, are found in the Carriers’ Liability Regulations 2002 and the Carriers Liability (Amendment) Regulations 2023. Recent legislative changes have tightened these rules further, making statutory defences more difficult to establish. Under the current regulations, individuals responsible for a clandestine entrant may be required to pay a civil penalty of up to £10,000 per clandestine entrant.