Determination of Objection: what next after the Border Force decision

What the decision can say

Once it receives an objection, Border Force must consider it and choose one of four outcomes (s.35(6) Immigration and Asylum Act 1999). It must tell you its decision within the prescribed period or any longer period agreed with you (s.35(7)).

• Cancel the penalty: the case ends with nothing to pay.
• Reduce the penalty: Border Force states the new, lower amount.
• Increase the penalty: Border Force must then issue a new penalty notice.
• Take no action: the penalty stays at the original amount.

Deadlines after the decision: overview

• Appeal to the county court (form N161): 28 days from the date of the decision on the objection. Source: Objection and appeals notice (GOV.UK).
• Means representation (financial circumstances): up to the date by which the penalty must be paid; after that only in exceptional circumstances. Source: Level of Penalty Code of Practice.
• Payment: the date given in the Border Force letter; according to GOV.UK the penalty is payable within 60 days of the issue date of form IS11. Source: Clandestine entrant civil penalty scheme (GOV.UK).
• Court fee for N161: the 2022 GOV.UK notice gives £140, but fees have risen since. The HMCTS fee table (EX50, as of November 2026) lists £151 (small claims track) or £175 (all other claims) for filing an appellant's notice in the county court. Confirm the correct amount before filing.

Means representation: when your finances reduce the penalty

Means is a separate stage. Border Force considers it after the decision on the objection, and the invitation to make representations is often part of the decision letter. Under the Level of Penalty Code the reduction applies to the amount left after the other reductions:

• micro business (fewer than 10 staff, turnover or balance sheet up to €2m): 75%;
• small business (fewer than 50 staff, up to €10m): 50%;
• medium business (fewer than 250 staff, turnover up to €50m or balance sheet up to €43m): 25%;
• driver or other individual: Border Force assesses income for the 3 months before the incident (including overtime) and may take outgoings and personal circumstances into account.

The Objection and appeals notice (GOV.UK) says evidence of financial hardship can be sent with the objection; the 2023 Code allows means requests up to the payment date. Documents not in English or Welsh need a certified translation (Code). The request should state a specific amount based on the Code; a general plea for a “substantial reduction” is rarely enough.

Appeal to the county court

Whatever the decision says, you can appeal to the county court on form N161 within 28 days of its date. The court may take into account anything the Home Office considered. If the appeal fails, the court may order you to pay the Home Office’s reasonable costs; if it succeeds, it may order the Home Office to pay yours (Objection and appeals notice, GOV.UK).

What you can no longer do after the decision

• Add evidence to the objection that has been decided. Border Force considers only the evidence sent with the objection and will not consider information sent after the decision (Objection and appeals notice).
• Dispute liability or the amount in debt recovery proceedings. An unpaid penalty is a debt due to the Secretary of State, and these points cannot be raised in proceedings to enforce it (s.35(10)–(11) IAA 1999).

What happens if the penalty is not paid

Border Force can recover the penalty as a debt through the UK courts (s.35(10)). The Act also allows detention of vehicles used in the penalised person’s business if the penalty is not paid on time (s.36A IAA 1999). A member of the Civil Penalty Accreditation Scheme that does not pay a penalty on time is suspended for 28 days and, if it still does not pay, removed from the scheme (GOV.UK, CPAS).

What to do in the first week after the decision

1. 1Note the date of the decision and work out two cut-off dates: 28 days for an appeal and the payment date.
2. 2Compare the decision with your objection: which points and reductions Border Force accepted, which it rejected and why.
3. 3If the amount is more than the business or driver can pay, prepare a means representation with financial documents and translations.
4. 4Consider an appeal only after weighing cost and risk, because if you lose, the court may order you to pay the Home Office’s costs.
5. 5If the vehicle is detained, email the Clandestine Entrant Civil Penalty Team straight away (BF.CECPT@homeoffice.gov.uk).

More in the knowledge base: Procedure and deadlines: IS11, 28-day objection, appeal, How much is a Border Force penalty? Current rates, Personal penalty for the driver — what you can do and Vehicle detained after a detection: s.36 IAA v seizure under CEMA 1979.