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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 (The 1987 Act was repealed by the Immigration and Asylum Act 1999, section 169(3) and ...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 (The 1987 Act was repealed by the Immigration and Asylum Act 1999, section 169(3) and Schedule 16 as from a date to be appointed, and replaced by a new system of carriers liability under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 ...

Aug 20 2014

Air India Ltd. Vs. Union of India and Anr.

  • Decided on : 20-Aug-2014

Court : Delhi

... 06.2014 (hereinafter referred to as the impugned order ) passed by respondent no.1. By the impugned order, the appeal preferred under Section 4 of the Immigration (Carriers Liability) Act, 2000 (hereinafter referred to as the Act ) against the order dated 25.11.2013 passed by Foreigners Regional Registration Officer (FRRO) cum Civil Authority, Amritsar respondent no.2, was dismissed by the respondent ... a penalty on the petitioner for the alleged violation of provisions of the Passport (Entry into India) Act, 1920 and Rules made thereunder. The allegation against the petitioner was that the petitioner had transported a passenger to Amritsar who had not cleared his immigration at the Delhi Airport; the passenger had been transported without a valid visa. The petitioner states ... Delhi by the return flight, however, this was not done because the said passenger was distressed and had arrived in India on account of demise of his mother. The Immigration Authorities at Amritsar had considered the mitigating circumstances and cleared the passenger. The petitioner submits that in this view, the levy of penalty is onerous and highly disproportionate. In ... an application for condoning the delay of 8 days was filed, however, the said application has not been considered by the respondent.7. Although, section 4(2) of the Act provides that every appeal be preferred within a period of thirty days, it is also provides that on sufficient cause being shown, the Central Government may permit the ...

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 ...

Jun 05 1961

Communist Party v. SACB

  • Decided on : 05-Jun-1961

Court : US Supreme Court

... for purposes of 2(b) of the Communications Act of 1934, 48 Stat. 1065, providing that the Federal Communications Commission should not have jurisdiction over any carrier "engaged in interstate or foreign communication solely through physical connection with the facilities of another carrier not directly or indirectly controlling or controlled by . . . such carrier." Refusing to set aside an order based on the ... order and happiness of the United States at the time of naturalization, and, in the absence of countervailing evidence, this shall suffice to authorize the revocation of naturalization. Immigration and Nationality Act, 340(c), 66 Stat. 163, 261, 8 U.S.C. 1451(c). Service in the employ of any organization then registered or in connection with which a ... specified information: unless such a company registered within the time fixed, 4(a) subjected it to what the Court referred to as the "penalty for failure to register": criminal liability for engaging in business in interstate commerce; or for selling, transporting, owning or operating utility assets for the transportation of gas or electricity in interstate commerce; or for ... . 951 . The Subversive Activities Control Act is Title I of the Internal Security Act of 1950, 64 Stat. 987, 50 U.S.C. 781 et seq. It has been amended, principally by the Communist Control Act of 1954, 68 Stat. 775, and certain of its provisions have been carried forward in sections of the Immigration and Nationality Act adopted in 1952, 66 Stat ...

Jun 16 2010

MS (Palestinian Territories) (FC) (Appellant) Vs. Secretary of State f ...

  • Decided on : 16-Jun-2010

Court : UK Supreme Court

... been clarified. It is the initial immigration decision which may result in removal which attracts the right of appeal, not any consequential giving of directions to the carrier or re-giving of directions following an appeal or temporary suspension." In the light of this purpose, it would be remarkable if the effect of the 2002 Act were that a person could challenge future ... Kingdom, he claimed asylum and humanitarian protection. On 25 April 2007, he was served with a notice of illegal entry and of his liability to be detained under para 16(2) of Schedule 2 to the 1971 Act pending a decision whether or not he was to be given removal directions and be removed in pursuance of such directions. By a letter ... purpose of the 2002 Act in relation to removal directions was set out in the Explanatory Notes to the statute which at para 220 stated: "...The position relating to removal directions has been clarified. It is the initial immigration decision which may result in removal which attracts the right of appeal, not any consequential giving of directions to the carrier or re-giving ... ) The issue Section 82(1) of the Nationality, Immigration and Asylum Act 2002 ("the 2002 Act") provides that where an "immigration decision" is made in respect of a person he may appeal to the Asylum and Immigration Tribunal, now the First-Tier Tribunal (Immigration and Asylum) ("the Tribunal"). Section 82(2) and (3A) define the meaning of an "immigration decision" and include at section 82(2)(h ...

May 03 1965

Zemel v. Rusk

  • Decided on : 03-May-1965

Court : US Supreme Court

... . . ." On its face, appellant's amended complaint, by calling upon the court below to enjoin the enforcement of the Passport Act of 1926 and 215 of the Immigration and Nationality Act of 1952, on the ground that those statutes are unconstitutional, meets the requirements of 2282. The Solicitor General notes that ... filed whether the Government will, in the event appellant journeys to Cuba, charge him under 215(b) with leaving the United States on a carrier bound for Cuba with a passport not validated for Cuba; leaving the United States with such a passport with the intent of traveling to Cuba ... passport after having visited Cuba; some other act -- or whether it will charge him at all. [ Footnote 18 ] Whether Page 381 U. S. 20 each or any of these gradations of fact or charge would make a difference as to criminal liability is an issue on which the District Court ... regulation, or passport restriction; (3) that the Secretary's restrictions upon travel to Cuba were invalid; (4) that the Passport Act of 1926 and 215 of the Immigration and Nationality Act of 1952 were unconstitutional; (5) that the Secretary's refusal to grant him a passport valid for Cuba violated ... his passport validated for that purpose, that the Secretary of State's travel restrictions were invalid, and that the Passport Act of 1926 and 215 of the Immigration and Nationality Act of 1952 were unconstitutional. In addition, he prayed that the Secretary and the Attorney General he enjoined from interfering with ...

Feb 23 1932

Crowell v. Benson

  • Decided on : 23-Feb-1932

Court : US Supreme Court

... Liability Act are triable in either the state courts or the federal District Courts. See Second Employers' Liability Cases, 223 U. S. 1 , 223 U. S. 56 , 223 U. S. 57 -59; Douglas v. New York, New Haven & Hartford R. Co., 279 U. S. 377 . So, also, cases under 20 of the Seamen's Act, as amended by the Merchant Marine Act ... assist it in its legislative process in governing various transactions subject to its authority, as, for example, the rates and practices of interstate carriers, the legislature thus being able to apply its standards to a host of instances which it is impracticable to consider and legislate upon ... foreign commerce, taxation, immigration, the public lands, public health, the facilities of the post office, pensions, and payments to veterans. [ Footnote 13 ] The present case does not fall within the categories just described, but is one of private right, that is, of the liability of one individual to ... . 384 ); the Ship Mortgage Act of 1920 (41 Stat. 1000; Morse Drydock & Repair Co. v. Northern Star, 271 U. S. 552 , 271 U. S. 555 , 271 U. S. 556 ); and the Merchant Marine Act of 1920 (41 Stat. 988), incorporating, in relation to seamen, the Federal Employers' Liability Act into the maritime ... Liability Act of 1851 (9 Stat. 635; Hartford Accident & Indemnity Co. v. Southern Pacific Co., 273 U. S. 207 , 273 U. S. 213 -215); the Seamen's Act of 1915 (38 Stat. 1185; Chelentis v. Luckenbach Steamship Co., 247 U. S. 372 , 247 U. S. 381 , 247 U. S. 384 ); the Ship Mortgage Act ...

Dec 06 1948

Vermilya-Brown Co., Inc. v. Connell

  • Decided on : 06-Dec-1948

Court : US Supreme Court

... S. 257 . [ Footnote 12 ] Federal Employers' Liability Act, 35 Stat. 65, 2, 45 U.S.C. 52 (1908) ("Every common carrier by railroad in the Territories, the District of Columbia, the Panama Canal Zone, or other possessions of the United States. . . ."); Neutrality Act, 40 Stat. 231, 1, 18 U.S ... military usufruct. American nationals cannot go there for any purpose other than governmental except in conformity to Bermudian laws. Its immigration laws are relaxed only to admit "any member of the United States forces posted to a leased area" and "any ... Act); 50 Stat. 888, 42 U.S.C. 1402 (Low Rent Housing Act); 60 Stat. 774, 42 U.S.C. 1818 (Atomic Energy Act); 35 Stat. 65, 45 U.S.C. 52 (Federal Employers' Liability Act); 52 Stat. 1107, as amended, 45 U.S.C. 362 (Railroad Unemp. Ins. Act); Rev.Stat. 4370, as amended, 46 U.S.C. 316(a) (Act ... Act as amended by the Labor Management Relations Act); 49 Stat. 624, as amended, 42 U.S.C. 405(b) (Subpoena provision of the Federal Old-Age and Survivors Insurance Benefits Act); 50 Stat. 888, 42 U.S.C. 1402 (Low Rent Housing Act); 60 Stat. 774, 42 U.S.C. 1818 (Atomic Energy Act); 35 Stat. 65, 45 U.S.C. 52 (Federal Employers' Liability Act ... Act); 35 Stat. 65, 45 U.S.C. 52 (Federal Employers' Liability Act); 52 Stat. 1107, as amended, 45 U.S.C. 362 (Railroad Unemp. Ins. Act); Rev.Stat. 4370, as amended, 46 U.S.C. 316(a) (Act for the Regulation of Vessels in Domestic Commerce); 41 Stat. 999, 46 U.S.C. 883 (Merchant Marine Act ...

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