FlyerTalk Forums - View Single Post - BA refuses boarding back to UK despite OK from Immigration Authorities
Old Nov 26, 2018, 6:35 am
  #76  
Tobias-UK
Ambassador, British Airways Executive Club, easyJet and Ryanair
 
Join Date: Sep 2011
Location: UK/Las Vegas
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Originally Posted by fomc
... 3. I agree that I'm the main one responsible for this but maintain that BA has some fault for letting me board in the first place. Since they didn't bother to check the validity when I left, why can't they return the same "favour" for my return to the UK? The annoying part is also that my wife mentioned that when she boarded the plane, the guys at the gate were looking at IDs super quickly and wasn't looking like they were checking validity, just for the name to match the ticket. Classic!
You need to accept that the reason you are in this predicament is because of your own negligence, it is not the airline's fault. You will have provided your passport information when you checked-in for your flight, unless the information is already stored in your BAEC profile. Your passport validity would have been verified when you checked-in.

The ID check at the departure gate is to verify that the person boarding the aircraft is the same person named in the reservation, the document dates are not verified at that point.

It is so easy when we make mistakes to find a reason to blame someone else for our own shortcomings. That isn't going to help you here. BA's document requirements are very clear and have been kindly posted supra by @LTN Phobia, that requirement is for BA's protection, not yours.

7a) Our right to refuse to carry you
7a15) If you have not, or do not appear to have, valid travel documents.

13a1) You (not us) must:
check the relevant entry requirements for any country you are visiting and
present to us all passports, visas, health certificates and other travel documents needed for your journey.
Now it is clear from what you have posted that you did not satisfy 13a1 and accordingly BA invoked 7a. The wording is clear "you (not us) must".

Fortunately for you, EU law is on your side regarding your right to free movement, @simons1 quoted the relevant passage from Article 5 of EC38/2004 above. I suggest presenting yourself to the airline of your choice armed with that information and ask the airline (before purchasing your ticket) if they would call the UK authorities to clear you for arrival. The UK requires airlines to provide TDI (API) (s27B Immigration Act 1971) so booking travel without any valid travel document will lead to the same problem you experienced with BA. Do bear in mind that EC38/2004 applies to EU/EEA states (and their immigration authorities) and not to airlines so you will need to bring this Regulation to their attention and ask them to contact the UK Border Force to clear your departure.

I would stop trying to apportion blame rather concentrate on the resolution. I wish you luck.

Last edited by Tobias-UK; Nov 26, 2018 at 6:42 am Reason: Fat fingers
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