Efforts to stem the flow of illegal immigrants into Britain received a setback today when the High Court in London ruled that it was illegal to fine truckers for every stowaway found in their vehicles.
Judge Mr Justice Sullivan ruled that fines of £2,000 sterling for every asylum seeker found on lorries and trains were against European law.
Legal experts said the government was likely to appeal the decision, which raises a major question mark over an estimated £9 million in fines already levied on hauliers and rail companies.
The ruling was welcomed by hauliers and rail operators, who have found themselves in the front line, becoming embroiled in a major international issue. They had criticised the fines. The challenge had been spearheaded by a transport firm.
The government was granted leave to appeal, and the case is expected to reach the Court of Appeal in February or March.
Although a question mark is now over the asylum crackdown, the judge questioned fears that illegal immigration would spiral out of control without such draconian measures.
The UK is not going to grind to a halt in the meantime, nor is the immigration position likely to explode in a way which is uncontrollable, he said.
Immigration became a hot political topic in Britain this summer after scores of mainly Asian men were found to be trying to smuggle their way into the country via the Channel Tunnel every night.