Bogdanic v Secretary of State for the Home Department

Statutory instrument – Construction. The Secretary of State claimed that clandestine entrants to the United Kingdom were found hiding in a lorry driven by the appellant in an immigration control zone at Dunkirk and gave notice of imposition of a civil penalty on the appellant, under Part II of the Immigration and Asylum Act 1999, as amended by the Nationality, Immigration and Asylum Act 2002. The amendments were brought into effect by a Commencement Order. The appellant appealed against the penalties and a point of law arose as to the proper interpretation of the Commencement Order. The Administrative Court held that the Commencement Order was to be read as including by clear implication additional wording to indicate that the amendments also applied in relation to immigration control zones.

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