Brits Can Bring Foreign Family To UK - Ruling

[malolos]

Hello John, interesting post, B.A. accepted the booking with my wifes passport details, if they refuse to let her board then I will force the issue with arrest as BA would in fact be breaking the law.

[Trefor]

Hello John, interesting post, B.A. accepted the booking with my wifes passport details, if they refuse to let her board then I will force the issue with arrest as BA would in fact be breaking the law.

My concern would be simply that they will not have the authority to make the decision locally in Spain, and need to speak with 'control' in the UK, who would roll out the party line and say their 'policy' is no visa no travel. Whether one is needed or not they can still have an outdated rule about who they choose to accommodate on their planes and come up with an excuse for it being there. Yes you may go to court that your wife was refused travel but their corporate legal team will probably decide it is worth sitting out.

I think I would jump in a car and drive to Calais and deal with UK Border directly.

[johncar54]

Thanks for replying.

I will look forward to hearing that all went well.

On the arrest point. I am 100% certain that there is no power for anyone, including the police, to arrested anyone in these circumstances.

If a complaint was made to the police , they might investigate it and then submit it to their legal department for advice on how to proceed. If it was decided to go ahead I am almost 100% certain it would by way of summons. However, as I said, I very much doubt that BA refusing to allow a person to check in could possible be anything but a civil matter, in which case you would have to take any legal actions which you decided were appropriate. As McCarthy did in the ECJ. There is never any power of arrest in a civil case.

(Malolos: Having retired from the police in UK in 1988 I am admittedly a bit rusty, although I try to keep abreast of new legislation. I would advise you 'as a friend' do not do as you suggest no matter what happens. Almost certainly you would be arrested, at the very least for disorderly behaviour or maybe assault if you use any force, even like putting your hand an another person, and end up in court.


PS That BA accepted the booking does not mean they will not ask for other paperwork, say a visa, before they will let her check in. The same applies to everyone. One can book a flight and the airline will never seek to see a visa, passport etc. but on check-in, if to enter the country you are flying to, a particular document is required, they will insist you have it.

I would suggest that you check with BA before the departure date that they will not insist on a visa. Unfortunately I am pretty sure you will get the standard reply that I did, see my previous post.