Challenging a civil penalty for failing to provide API

While the Home Office works collaboratively with owners, agents, and captains to support compliance with Advance Passenger Information (API) obligations, failure to meet these requirements may result in enforcement action.

In the first instance, a General Aviation (GA) Notice may be issued to the responsible person. This notice does not constitute liability but will outline the nature of the breach and direct the recipient to relevant guidance on how to comply with API obligations.

Where non-compliance is identified, the Home Office may initiate an investigation, which could lead to the issuance of a Notice of Potential Liability. This formal notice sets out the breach and explains the potential for a civil penalty.

If the Home Office determines that a penalty is appropriate, a Penalty Notice will be served.

It is important to note that where Border Force is unable to pursue a civil penalty against the responsible party, criminal sanctions may be considered.

The level of civil penalty imposed will vary depending on the type of breach and the number of occurrences. Examples include:

• A fixed penalty of £2,500 for providing an incorrect document number.
• A fixed penalty of £5,000 for submitting an incorrect date of birth on three separate occasions.
• A £5,000 penalty for a first-time failure to comply with timing requirements (e.g. providing passenger or flight information too early or too late).
• A maximum penalty of £10,000 for subsequent failures to comply with timing requirements.

While the Home Office does not offer specified reductions or discounts in relation to civil penalties, individuals served with a Notice of Potential Liability are given the opportunity to submit written representations. These should outline the reasons for the breach and provide details of any mitigating circumstances.

Where mitigating factors are clearly demonstrated, or where the breach is a first-time occurrence, the Home Office may issue a Warning Notice in place of a Penalty Notice.

Each case is assessed on its own merits, based on the information and evidence provided.

Objecting to the penalty

Those served with a Penalty Notice may submit a written objection in the prescribed manner, clearly setting out the grounds for objection. This must be received by the Home Office within 28 days from the date specified on the Penalty Notice.

Following submission of an objection, the responsible party will be notified of the outcome in writing no later than 70 days from the original issue date of the Penalty Notice, unless a longer period is agreed by the Home Office.

The possible outcomes are:

• The penalty is cancelled.
• The penalty is reduced.
• The penalty is increased.
• The penalty is maintained.

Appealing against the penalty

If the penalty is reduced, increased, or maintained following the objection process, the responsible party may lodge an appeal to the court.

The appeal must be submitted within 28 days of receiving the outcome of the objection. Full details on how to appeal will be provided in the notification of the objection outcome.

According to Home Office Guidance, it is not currently possible to make payments by instalment for a civil penalty issued in connection with a breach of API obligations and requirements.

Our Immigration team is experienced in advising both organisations and individuals facing civil penalties issued by the Home Office. We prepare robust representations, assess statutory defences, and guide clients through complex enforcement processes with clarity and precision.

Whether you are seeking to challenge a penalty, mitigate its impact, or ensure future compliance, we deliver tailored, outcome-focused support that protects your interests and helps you move forward with confidence.