What rights do airlines have to deny boarding due to immigration issues? [duplicate]
![What rights do airlines have to deny boarding due to immigration issues? [duplicate] - American dollar bills and vintage light box with inscription What rights do airlines have to deny boarding due to immigration issues? [duplicate] - American dollar bills and vintage light box with inscription](/assets/images/what_rights_do_airlines_have_to_deny_boarding_due_to_immigration_issues_duplicate_0.jpeg)
So I just stumbled across this account of a traveller which I can imagine to be pretty distressing because I myself have had a rather close call not too long ago. I was travelling from Singapore travelling to Switzerland (to which I can travel visa-free) and a recent relaxation of regulation allows me to apply for a residency permit only after landing in Switzerland, instead of having to apply at the Swiss embassy in Singapore. Thus I travelled to the airport without any visa and the airline did not want to let me board because I did not have a swiss residency permit on hand (yet) or a return ticket. However I insisted that based on my own research I shouldn't already need a residency permit to enter the country, but the airline was firm on their stance. I argued with the manager for a while and eventually they let me board after I provided enough evidence that I had sufficient reason to be living in Switzerland and as a result I almost missed my flight.
My question is, to what extent do airlines have the right to reject people from boarding due to immigration issues at the destination country? My logic is that even if I landed in Switzerland without a residency permit and don't manage to acquire the necessary documents then, it should be the responsibility of the Swiss immigrations to kick me out of their country, and not the airline's (which isn't even swiss airlines)?
Anyway, it turned out in the end that I acquired my residence documents successfully in the country, so the airline would have done me a great disservice had they successfully barred me from boarding the plane.
Best Answer
To give you an idea of what the airline agent is looking at in the airport, here's a Timatic web interface which United Airlines provide:
And once you click on the Check button, you will get:
Note that if you change the "Ticket" field to "Return ticket held", the admission summary changes from "No" to "Conditional".
Pictures about "What rights do airlines have to deny boarding due to immigration issues? [duplicate]"
![What rights do airlines have to deny boarding due to immigration issues? [duplicate] - People Walking Inside Airline What rights do airlines have to deny boarding due to immigration issues? [duplicate] - People Walking Inside Airline](/assets/images/what_rights_do_airlines_have_to_deny_boarding_due_to_immigration_issues_duplicate_1.jpeg)
![What rights do airlines have to deny boarding due to immigration issues? [duplicate] - Free stock photo of adult, banking, blm What rights do airlines have to deny boarding due to immigration issues? [duplicate] - Free stock photo of adult, banking, blm](/assets/images/what_rights_do_airlines_have_to_deny_boarding_due_to_immigration_issues_duplicate_2.jpeg)
![What rights do airlines have to deny boarding due to immigration issues? [duplicate] - People Boarding An Airplane What rights do airlines have to deny boarding due to immigration issues? [duplicate] - People Boarding An Airplane](/assets/images/what_rights_do_airlines_have_to_deny_boarding_due_to_immigration_issues_duplicate_3.jpeg)
Can an airline refuse to let you fly?
Carrier may refuse to transport or may remove at any point any passenger whose behavior is interfering or has interfered with the safety or comfort of any other passenger or any crew member. Passengers shall discontinue any such behavior immediately upon the request of a crew member.Why an airline might deny boarding to US visa holder?
If you are traveling on a tourist visa, the airline might stop you from boarding based on its suspicion that CBP will deny you entry because you don't intend to return to your home country or you intend to work in the United States.What are the reasons for denied boarding?
Non-Discriminatory Reasons For Being Denied Boarding- Being intoxicated or under the influence of illegal drugs.
- Attempting to interfere with the duties of a flight crew member.
- Disrupting flight operations or engaging in unruly behavior.
- Having an offensive odor that is not caused by a disability or illness.
How do you get denied for boarding?
The most common reason for denied boarding is overbooking. This is when airlines sell more tickets than there are seats on the aircraft.More answers regarding what rights do airlines have to deny boarding due to immigration issues? [duplicate]
Answer 2
My question is, to what extent do airlines have the right to reject people from boarding due to immigration issues at the destination country?
They have all the rights. The airplane is their own private property. They don't need any justification to deny you boarding, they can allow or not allow anyone to enter their private property, as they please.
Yes, you did enter into a transportation contract with them, but the fine print in that contract will say something like this.
My logic is that even if I landed in Switzerland without a residency permit and don't manage to acquire the necessary documents then, it should be the responsibility of the Swiss immigrations to kick me out of their country, and not the airline's (which isn't even swiss airlines)?
That is not correct. According to international treaties, it is the responsibility of the airline to ensure that you will be admitted into the country. In case you are denied entry, the airline has to both pay a hefty fine and return you to the airport of origin at their cost. (Although note that the transportation contract with you will also specify that they will recover the fine and this cost from you.)
If you had been denied entry, the airline would have had to pay a fine on the order of 10000$, and fly you back. They then, in turn, would have charged you with 10000$ + the cost of the return ticket, and they would have been completely within their rights to do so.
[…] a recent relaxation of regulation allows me to apply for a residency permit only after landing in Switzerland
Airline gate agents are not international immigration lawyers. They don't have the recent relaxations of all 41412 combinations of origin and destination countries memorized.
They rely on an automated system called Timatic which simply tells them "Yes" or "No". The information in Timatic is maintained based on information from the destination country. So, in this case, Switzerland has put into Timatic that entering without residency permit is not allowed, and that's the only information the gate agent has at their disposal.
I argued with the manager for a while and eventually they let me board after I provided enough evidence that I had sufficient reason to be living in Switzerland and as a result I almost missed my flight.
You were lucky.
Moral of the story: Don't rely on gate agents being aware of every recent change in every immigration law of every country. Make life easy for them.
Even if you are right, arguing the fact that you are right may almost certainly take longer than the airplane is going to wait for you.
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
Images: Karolina Grabowska, Markus Winkler, Pavel Danilyuk, Markus Winkler