“…lute prevention of the cross-Channel traffic in clandestines is impossible”, as was recognised in International Transport Roth GmbH v SSHD [2002] EWCA Civ 158, [2002] 3 WLR 344 at [108] per Laws LJ. This appears to be recognised by the SSHD, whose view as set out in the Objection Decisions is that “an effective system will not guarant…”
“… to the enactment of the statute. I agree with Laws LJ’s observations on this in International Transport Roth GmbH v Secretary of State for the Home Department [2002] 3 WLR 344, 386, paras 113-114” (emphasis added).…”