IN THE MATTER OF AN APPEAL UNDER SECTION 17(1)(c) of the IMMIGRATION AND ASYLUM AND NATIONALITY ACT 2006

W & YAN MAINTENANCE SERVICE LIMITED

Appellant

-and-

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

  1. The Appellant was issued with a penalty notice for breaching section 15 of the Immigration and Asylum Nationality Act 2006 because he had employed a foreign national who was issued with an ARC with permission to work but on specified jobs.
  2. The foreign worker provided the Appellant with a Bail 201 letter , which stated he was allowed to work. He had also provided him with an Application Registration Card confirming WORK PERMITTED.  However, both documents also stated, ‘Shortage OCC ’. At the time, the Appellant did not understand the significance of the wording on the ARC.  He sought advice from his accountant who informed the Appellant that he was allowed to employ the foreign worker.
  3. The Appellant, relying on this advice, employed the foreign worker without verifying this with the Home Office and paid him £xxx per week/month, issued him with a wage slip and paid the NI contributions and taxes due.
  4. The Home Office discovered that from the HMRC that the Appellant employed the foreign worker as a painter which was prohibited occupation.
  5. The Home Office investigated the employment and found that the Appellant was cooperative and honest so they reduced the fine from £45, 000 to £40,000.
  6. On appeal under section 17 if the 2006 Act  the London County Court Judge reduced the penalty by 60%.