How can I object to the charge?

This page explains what you can do if you are a carrier who wishes to make an objection to a charge imposed for bringing a passenger to the United Kingdom who is inadequately documented.

When we establish that a person has arrived in the United Kingdom and is not properly documented, you will be notified of this arrival as soon as practicable. Not every arrival leads to a charge being pursued, but if we do decide to pursue a charge, we will send you a notification of potential liability to a charge, on form IS80B.

On receiving form IS80B, you have 30 days in which to make representations to the port inspector. Note that inspectors are not obliged to consider representations received after this time unless you have asked for their prior agreement.

Representations to the port inspector should give clear reasons why you consider that there is no liability to a charge. Ensure that you address the relevant points in your objections and explain any extenuating circumstances. You may also disagree that the falsity of a document is reasonably apparent or you may hold evidence which you consider shows that the person was properly documented when he/she boarded.

There are other instances when an inspector may consider that a charge should not be pursued. For a list of common reasons for this, see Examples of when charges may be waived.

If an inspector, having considered your representations, decides that a charge should not be imposed, he/she will send you a notification of a decision not to proceed with charge, on form IS80C. The case will then be closed.

If an inspector decides to maintain the charge, he/she will send you a notification of demand for payment, on form IS80D. This advises that you have 30 days in which to pay.

You may still object to this charge by sending further representations to the Carriers Liaison Section. Please send your objections to the inspector at:

UKBAIGRALONCLS@homeoffice.gsi.gov.uk

or

Carriers Liaison Section
Amadeus
The Quartet
Mondial Way
Hayes
Middlesex UB3 5AR

It is important that your objection gives the reason why you think there is no liability to a charge. For example, you may feel that proper procedures were not followed at the port including whether:

• you were notified of the arrival promptly;
• you were able to view the document; or
• you received form IS80B informing you of a potential liability to a charge.

If the linkage was by means of CCTV, are you satisfied that the linkage was accurate? You may also wish to discuss the wider picture with the inspector regarding your previous good performance, for example good off-load figures or good co-operation with the airline Immigration Liaison Manager (ILM). You may also dispute the fact that a forgery or impersonation was reasonably apparent.

Note that objections must be submitted within 28 days of receiving the charge notice (form IS80D). Any representations or objections received once this 28-day period has passed cannot be considered.

A senior officer in the Carriers Liaison Section will consider your objection and decide whether or not to cancel the charge. You will be notified of a decision within 70 days of the date on the charge notice.

Whether or not you give a written notice of objection, you may appeal to any county court against the decision to charge you. You must appeal to the court within 28 days of the date of the charge notice (IS80D) or if you make a written objection, within 28 days of the date we sent you our decision in response to your objections.

For more information on section 40 charging procedures, see the Charging procedures guide for carriers (PDF 204K opens in new window). They are also summarised in a flow chart of section 40 charging procedures (PDF 20K opens in new window).