Decision Number: | TC09037 |
Appellant: | MARION TRADING LIMITED |
Respondent: | His Majesty's Revenue & Customs |
Chairmen / Special Commissioners: |
Robin VOS |
Date Of Decision: | 16/01/2024 |
Main Category: | PROCEDURE |
Main Subcategory: | Other |
Notes: | RESTORATION OF SEIZED GOODS - Refusal to restore seized goods - whether Border Force failed to take into account relevant considerations - -Tameside- duty to carry out a sufficient enquiry - whether decision was one which no reasonable officer could have reached (irrational in a Wednesbury sense) - Article 1, Protocol 1 European Convention on Human Rights - whether decision was proportionate in striking a fair balance between the interests of the community and the protection of the right to peaceful enjoyment of the appellant-s possessions - appeal allowed. |