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Search Results Judgments > Act:immigration carriers liability act

May 21 2008

R Vs. Asfaw (Appellant) (On Appeal from the Court of Appeal (Criminal ...

  • Decided on : 21-May-2008

Court : House of Lords

... visa requirements are not satisfied. The Immigration (Carriers Liability) Act 1987 requires carriers to make payments to the Secretary of State in respect of passengers brought by them by ship or aircraft to the United Kingdom without proper documents, currently amounting to 2,000 per passenger. (The 1987 Act was repealed by the Immigration and Asylum Act 1999, section 169(3) and ... been enforced by the imposition of heavy financial penalties on those transport operators bringing passengers lacking a valid visa where one is required. For example, under the Immigration (Carriers Liability) Act 1987, the United Kingdom authorities impose a financial penalty of 2,000 per passenger brought without either a valid passport or a visa where one is required. ... per passenger. (The 1987 Act was repealed by the Immigration and Asylum Act 1999, section 169(3) and Schedule 16 as from a date to be appointed, and replaced by a new system of carriers liability under sections 40 and 42. But no date for the taking effect of these provisions has yet been appointed.) Carriers who carry passengers ... Immigration Act 1976, as amended. As long ago as 1986, a total of 541 airlines were each fined CAN$1,000 by the Canadian authorities for not demonstrating sufficient vigilance in their checking of passengers travel documents. The practice of imposing liability on carriers has been adopted by most European countries too. A study conducted for the European Council on Refugees and Exiles, Carriers Liability ...

Dec 09 2004

Regina Vs. Immigration Officer at Prague Airport and another (Responde ...

  • Decided on : 09-Dec-2004

Court : House of Lords

... 1 of the Immigration (Carriers' Liability) Act 1987 provided that where a person requiring leave to enter the United Kingdom arrived in this country by ship or by aircraft and failed to produce a visa where required, the carrier by sea or air should be liable to pay a penalty of 2000. The visa regime and the imposition of liability on carriers were complementary ... then been enforced by the imposition of heavy financial penalties on those transport operators bringing passengers lacking a valid visa where one is required. For example, under the Immigration (Carriers' Liability) Act 1987, the United Kingdom authorities impose a financial penalty of 2,000 per passenger brought without either a valid passport or a valid visa where one is required. ... had concluded a parallel convention, had introduced a system of carriers' liability. Of 17 Western European countries only Ireland and Switzerland, at that time, had not. There was no evidence before the House to show the effect on prospective applicants for asylum of foreign countries' visa and carriers' liability regimes, but there is no reason to suppose that their effect ... intended to stop abuse of asylum procedures by preventing people travelling here without valid documents and then claiming asylum before they can be returned'. The logical necessity for carriers' liability to support a visa regime is surely self-evident. Why require visas from certain countries (and in particular those from which most bogus asylum seekers are found to ...

Jun 21 2013

Island Aviation Services Limited. Vs. The Government of India and Othe ...

  • Decided on : 21-Jun-2013

Court : Mumbai

... visa on her passport. Respondentsauthorities have, therefore, held the petitionerairline, to have contravened the provisions of the Passport (Entry Into India) Act, 1920 and the Rules thereunder and have imposed penalty of Rs.1 lac under section 3 of the Immigration (Carriers' Liability) Act,2000. 3. In view of the order that we propose to pass, it is not necessary to set out all ... the personal hearing. 9. It is clarified that we have not permitted learned counsel for the petitioner to raise the challenge to the Constitutional validity of Section 3 of the Immigration (Carriers' Liability) Act. In future , if necessary, it will be open to the petitioner to raise such a challenge. 10. Rule is made absolute accordingly to the above extent. ... 22 January 2013 of the FRRO cum Civil Authorityrespondent No.4, as well as the Appellate order by Government of India, in the Ministry of Home Affairs, Foreigners Division (Immigration Section) dated 5 March 2013 are set aside and respondent No.4 is directed to give fresh hearing to the petitioner. The petitioner will be given atleast two weeks' ... , the petitioner has challenged the order dated 22 January 2013 passed by the FFRO cum Civil Authority, Bureau of Immigration, Mumbai (Exh.H) as confirmed by the Appellate Authority being Government of India in the Ministry of Home Affairs, Foreigners Division (Immigration Section) through its Joint Secretary (Exh.J). 2. In the impugned orders, respondentsauthorities have held that the petitionerairline ...

Nov 28 2007

Kola (FC) and Another (FC) (Appellants) Vs. Secretary of State for Wor ...

  • Decided on : 28-Nov-2007

Court : House of Lords

... carriers liability. All this is described in Adimis case [2001] QB 667. 43. As already explained, the Court of Appeal in Qs case [2004] QB 36 took account of Adimi and article 31 in reaching their decision as to the correct approach to take to section 55 of the 2002 Act ... interest and that the law had since been changed at least twice (a reference plainly to the Immigration and Asylum Act 1999 (the 1999 Act) and the Nationality Immigration and Asylum Act 2002 (the 2002 Act)). 23. Kennedy LJ (giving the only reasoned judgment in the Court of Appeal in the present case) ... 7. The Governments response to JCWI was that the identical regime should indeed be re-enacted by primary legislation, the Asylum and Immigration Act 1996. The 1996 Act made only two concessions: one was to continue any benefit entitlement up to the determination of the appeal process; the other ... Act 1999 (the 1999 Act) and the Nationality Immigration and Asylum Act 2002 (the 2002 Act)). 23. Kennedy LJ (giving the only reasoned judgment in the Court of Appeal in the present case) at para 8, cited the above passage from Shire, noted counsels acceptance that neither appellant had acted under duress, ... not, indeed, directly breach it. Section 11 of the Immigration Act 1971, he submits, in truth affords the Secretary of State no assistance whatever. Conclusions 34. Section 11 of the 1971 Act is a highly technical provision which for the purposes of immigration control introduces into the legislative scheme a necessary ...

May 08 1964

The State of Maharashtra Vs. Mayer Hans George

  • Decided on : 08-May-1964

Court : Mumbai

Reported in : (1965)67BOMLR583

... under strict liability by their act or omission to assist the promotion of the law. The nature of mens rea that will be implied in a statute creating an offence depends upon the object of. the Act and the provisions thereof.43. What is the object of the Act? The object of the Act and ... understood. Part A entitled 'Carriage of Passengers and Baggage' by its Article 8, para. 1(c) excludes goods which are merchandise from the obligation of carriers to transport as luggage or as baggage, while Article 3 of Part B dealing with carriage of goods provides that gold is accepted for ... rejected it. I have already dealt with this decision in another context. There the Minister under the powers (conferred on him, by Section 9 of the Immigration Ordinance, 1952, issued an order prohibiting the appellant therein from entering Singapore, He was prosecuted for disobeying that order. Section 9, in the case ... years. Such an interpretation is neither supported by the provisions of the Act nor is necessary to implement its object. That apart, by imposing such a strict liability as to catch innocent persons in the net of crime, the Act and the notification issued thereunder cannot conceivably enable such a class of ... where the offence is not a minor offence or not quasi-criminal that the Legislature cannot introduce the principle of vicarious liability and make the master liable for the acts of his servant although the master has no mens rea and was morally innocent. But the Courts must be reluctant ...

Jun 15 1993

Mrs. Khan Rukhsena Banoo Vs. B.S. Rawat, Assistant Collector of Custom ...

  • Decided on : 15-Jun-1993

Court : Mumbai

Reported in : 1994(2)BomCR414; 1994CriLJ785

... the statement under Section 108 of the Customs Act in its totality supported by the fact that the appellant did not possess the keys of the suit cases, that the Court would have to hold that she was an innocent carrier. He contended that if the entire story with regard ... a victim of somebody else's game, for she never suspected that the suit cases contained contraband and in these circumstances either knowledge nor liability can be foisted on her. He also submitted that there is no further investigation pursuant to her statement and he contends that had the ... be apprehended. He contends that there is something serious that emerges from the evidence as it is obvious that the officers thereafter got the immigration stamp affixed to her passport. He submitted that this inconsistency cannot be accepted and it casts a serious doubt on the evidence of the ... to be regular smugglers and who are carriers for a small consideration. 16. It is for this reason that the law has made specific provisions under which any person found in possession of substances that come within the ambit of the NDPS Act shall be presumed to have knowledge ... carrier and that consequently, the Court should go back to the principle of conscious possession. To our mind, that principle which may apply to any other cases would not be applicable here in view of the specific provisions of the present Act. 17. Lastly, Mr. Nimbalkar drew our attention to certain decisions of this Court in relation to offences under the NDPS Act ...

Aug 24 1964

State of Maharashtra Vs. Hans George

  • Decided on : 24-Aug-1964

Court : Supreme

Reported in : AIR1965SC722; [1965]35CompCas557(SC); [1965]1SCR123

... under strict liability by their act or omission to assist the promotion of the law. The nature of mens rea that will be implied in a statute creating an offence depends upon the object of the Act and the provisions thereof. 29. What is the object of the Act ? The object of the Act and ... a transit manifest for cargo, as explained by the High Court, is twofold, namely, 'to keep a record of goods delivered into the custody of the carrier for safe carriage and to enable the Customs authorities to check and verify the dutiable goods which arrive by a particular flight'. 'Cargo' is a ... In the first place, the order of the Minister dealt with by the Privy Council was never 'published' since admittedly it was transmitted only to the Immigration official who kept it with himself. But in the case on hand, the notification by the Reserve Bank varying the scope of the exemption, was admittedly ... years. Such an interpretation is neither supported by the provision of the Act nor is necessary to implement its object. That apart, by imposing such a strict liability as to catch innocent persons in the net of crime, the Act and the notification issued thereunder cannot conceivably enable such a class of persons ... cases where the offence is not a minor offence or not quasi-criminal that the Legislature cannot introduce the principle of vicarious liability and make the master liable for the acts of his servant although the master had no mens rea and was morally innocent. But the Courts must be reluctant to ...

Sep 06 2004

Mehboob Bi Vs. The Airport Authority, by its Administrative Officer an ...

  • Decided on : 06-Sep-2004

Court : Karnataka

Reported in : ILR2004KAR4407; 2004(7)KarLJ487

... Air India. It is said that the 3rd respondent, carrier issued a boarding pass No. 80 at 23.20 hours on 9.6.2002 and she checked in on the said date at 23.20 hours. Thereafter, reported at the counter for immigration check, but the said authority, without assigning any reason ... officer of the State. The officer acting negligently is liable personally and the State vicariously, more particularly when the violation trenches into and encroaches upon the fundamental rights guaranteed under the constitution. The award of compensation is in the domain of public law fixing liability for a public wrong on the ... Immigration Authorities is illegal and due to the negligence of the officer concerned, the petitioner has suffered loss and put to undue hardship/inconvenience to which she is entitled to be compensated. In addition learned Counsel would contend that the officer concerned being an employee of the State, it is the vicarious liability ... it is necessary against the concerned official who was on duty on 10.6.2002 at 00.10 hrs. at the immigration counter in Bangalore airport for his negligent act. The damages awarded shall be paid to the petitioner within a period of 3 months from the date of receipt ... ticket and a boarding pass, there was no reason for the Immigration Authorities to restrain her form leaving India to reach Daman the port of entry in Saudi Arabia. It is said that due to the illegal act of the Immigration Authorities at the Airport in off loading the petitioner from the ...

Sep 19 2013

AIR INDIA LTD. Vs. TEJ SHOE EXPORTERS P. LTD. AND ANR

  • Decided on : 19-Sep-2013

Court : Delhi

... liability for an amount exceeding US$ 20 or its equivalent, it had to declare such amount for carriage and pay the applicable valuation charge. Rule 22 of the Act of 1972 restricts the liability of the carrier to a maximum of US$ 20 per kg. The statute thus placed a limit on the liability of the carrier ... Kodimaniandra AIR 196.SC 847). The rule was explained crisply in Suthendran v. Immigration Appeal Tribunal, (1976) 3 All ER 61.(HL) as follows:"PARLIAMENT is prima facie to be credited with meaning what is said in an Act of Parliament. The drafting of statutes, so important to a people who ... to the 1972 Act, to the extent that it limits liability for the loss of, or damage or destruction to goods: the liability of the carrier is limited to a sum of 250 francs per kilogram, unless the consignor has made, at the time when the package was handed over to the carrier, a ... the Supreme Court in East & West Steamship is of no assistance in limiting the carrier s liability, since the expression and phraseology used by the Carriage by Sea Act was entirely different from the expressions used in the 1972 Act. Learned counsel also relied on the decision in Ethiopian Airways v Federal Chemical Works ... therefore clearly barred by limitation. Furthermore, submitted learned senior counsel Ms. Gita Luthra, the single judge overlooked that under the provisions of the 1972 Act, a carrier s liability is limited to a sum of 250 francs per kilo gram (equal to US $ 20 per kilo) unless the RFA (OS) 18/2007 ...

Nov 04 1971

Vivian Joseph Ferreira and Anr. Vs. The Municipal Corporation of Great ...

  • Decided on : 04-Nov-1971

Court : Supreme

Reported in : AIR1972SC845; (1972)1SCC70; [1972]2SCR257

... carriers treating them all as a single employer, on the ground that if imposed upon solvent carriers the burden of furnishing money necessary to meet the demands of the system upon insolvent carriers, cannot apply as the decision turned on due process clause, a clause not available in our Constitution.30. The levy of the cess under Section 27 of the Act ... expended for private use does not prevent the Legislature from looking at the ultimate rather than the immediate result of the expenditure, and incurring an expense or creating a liability on the part of the public which it was under no Constitutional obligation to incur or create if the ultimate effect will be beneficial to the public. Upon this ... freezing of rents together with obligations imposed on the owners by the Rent Act rendering the maintenance of buildings economically unattractive, reluctance and sometimes inability of the owners to carry out repairs and even to comply with Municipal requisitions, the alarming spurt in the city's population, immigration of labour in large numbers from the hinterland, increasing pressure on the ... for a legislation to prevent collapses and salvaging dilapidated structures. It was after considering the recommendations, suggestions and objections received by the Government that the impugned Act was brought before the Legislature. The Act was confined to the problem of residential houses only. That was not because there was no danger of collapses of non-residential buildings, but because it ...

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