Akbars Restaurant (Middlesbrough) Ltd v Secretary of State for the Home Department

Subject Matter

IMMIGRATION — Employer’s penalty notice — Appeal — Home Secretary issuing employer with penalty notice in respect of employee working while subject to immigration control — Whether penalty notice invalid if it did not specify which ground of statutory provision applied — Whether open to Secretary of State to change ground relied on without re-issuing penalty notice — Immigration, Asylum and Nationality Act 2006 (c 13), ss 15, 17

[2024] EWCA Civ 1387; [2025] 1 WLR 1306; [2024] WLR(D) 501, CA

IMMIGRATION — Illegal immigrant — Employment — Secretary of State giving employer penalty notice in respect of employee working while subject to immigration control — Whether penalty notice required to specify statutory ground relied upon by Secretary of State — Immigration, Asylum and Nationality Act 2006 (c 13), ss 15, 17

[2024] EWCA Civ 1387; [2025] 1 WLR 1306; [2024] WLR(D) 501, CA

Commentary

Free Movement
Court of Appeal dismisses challenge to employer penalty notice Case comment