Download This PaperLiability for Payment of Immigration Penalties in International Carriage – INAD Passengers
12 Pages Posted: 5 May 2020
Date Written: October 15, 2018
Abstract
In the recent past, the international community has witnessed an exponential growth in the number of passengers arriving by air. When such passengers fail to provide documents of identification satisfactory to the immigration authorities, they are classified as inadmissible persons and sent back on the carrier which brought them. The preeminent responsibility of the passenger is to ensure he holds valid travel documents.
This article will examine the legal and regulatory regime applicable to inadmissible persons with a view to determining liability for the carriage of inadmissible passengers (INAD passengers). The aim of this article is to examine liability issues resulting from refused passenger admission to a State by its authorities.
Legal issues to be addressed are as follows:
1. Who is liable for payment of immigration penalties in international carriage?
2. What is the regulatory and contractual regime applicable to inadmissible passengers?
Keywords: liability, airport operator, ground handler, inadmissible passenger, penalty
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