ImmigrationCarriers' liability for clandestine entrants - notice of liability to civil penalty - alternative remedy to judicial reviewR (Balbo B&C Auto Transporti Internazionali) v Secretary of State for the Home Department: QBD (Lord Justice Brooke and Mr Justice Potts): 15 March 2001 A transporter owned by the claimants was searched by immigration service officials.

Eleven clandestine entrants were found in the trailer.

Since the claimants were the persons in law responsible for the clandestine entrants in their transporter they were prima facie liable to the penalties in section 32(2) of the Immigration and Asylum Act 1999.

That day the secretary of state served a civil penalty notice.

The claimants' solicitors served a notice of objection under section 35(7).

Three days later the secretary of state rejected the claimants' section 34 defence, stating that the penalty was payable and giving reasons.

The claimants applied for judicial review of the secretary of state's decision to issue the notice of liability.

At the hearing the secretary of state raised as a preliminary point whether a more suitable alternative remedy was available.Nevil Phillips and Nicholas Craig (instructed by Holmes Hardingham Walser Johnston Winter) for the claimants.

John Howell QC and Robin Tam (instructed by the Treasury Solicitor) for the secretary of state.Held, giving reasons for refusing judicial review, that the owner of a transporter who considered that he had a valid defence under section 34 of the 1999 Act to a notice of liability to a civil penalty issued under section 35 could defend proceedings brought by the secretary of state after the expiry of the time prescribed in the notice for payment, and accordingly had a suitable alternative remedy to judicial review of the decision by the secretary of state to issue the notice of liability.

(WLR)