Part V Immigration Advisers and Immigration Service Providers
F6Appeals to the First-tier Tribunal
I187F7Appeals to the First-tier Tribunal.
F131
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Any person aggrieved by a relevant decision of the Commissioner may appeal to the F14First-tier Tribunal against the decision.
3
“Relevant decision” means a decision—
a
to refuse an application for registration made under paragraph 1 of Schedule 6;
b
to withdraw an exemption given under section 84(4)(a);
c
under paragraph 2(2) of that Schedule to register with limited effect;
d
to refuse an application for continued registration made under paragraph 3 of that Schedule;
e
to vary a registration on an application under paragraph 3 of that Schedule;
F1ea
to vary a registration under paragraph 3A of that Schedule; or
F2f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F103A
A relevant decision of the Commissioner is not to have effect while the period within which an appeal may be brought against the decision is running.
3B
In the case of an appeal under this section, Tribunal Procedure Rules may include provision permitting the First-tier Tribunal to direct that while the appeal is being dealt with—
a
no effect is to be given to the decision appealed against; or
b
only such limited effect is to be given to it as may be specified in the direction.
3C
If provision is made in Tribunal Procedure Rules by virtue of subsection (3B), the rules must also include provision requiring the First-tier Tribunal to consider applications by the Commissioner for the cancellation or variation of directions given by virtue of that subsection.
F124
For a further function of the First-tier Tribunal under this Part, see paragraph 9(1)(e) of Schedule 5 (disciplinary charges laid by the Commissioner).
F115
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88 Appeal upheld by the F8First-tier Tribunal.
1
This section applies if the F16First-tier Tribunal allows an appeal under section 87.
2
If the F15First-tier Tribunal considers it appropriate, it may direct the Commissioner—
a
to register the applicant or to continue the applicant’s registration;
b
to make or vary the applicant’s registration so as to have limited effect in any of the ways mentioned in paragraph 2(2) of Schedule 6;
c
to restore an exemption granted under section 84(4)(a); or
d
to quash a decision recorded under paragraph 9(1)(a) of Schedule 5 and the record of that decision.
89 Disciplinary charge upheld by the F9First-tier Tribunal.
1
This section applies if the F17First-tier Tribunal upholds a disciplinary charge laid by the Commissioner under paragraph 9(1)(e) of Schedule 5 against a person (“the person charged”).
F32
If the person charged is a registered person or acts on behalf of a registered person, the F17First-tier Tribunal may—
a
direct the Commissioner to record the charge and the F17First-tier Tribunal’s decision for consideration in connection with the registered person’s next application for continued registration;
b
direct the registered person to apply for continued registration as soon as is reasonably practicable.
4
If the person charged is certified by the Commissioner as exempt under section 84(4)(a), the F17First-tier Tribunal may direct the Commissioner to consider whether to withdraw his exemption.
5
If the person charged is found to have charged unreasonable fees for immigration advice or immigration services, the F17First-tier Tribunal may direct him to repay to the clients concerned such portion of those fees as it may determine.
6
The F17First-tier Tribunal may direct the person charged to pay a penalty to the Commissioner of such sum as it considers appropriate.
7
A direction given by the F17First-tier Tribunal under subsection (5) (or under subsection (6)) may be enforced by the clients concerned (or by the Commissioner)—
a
as if it were an order of a county court; or
b
in Scotland, as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
8
The F17First-tier Tribunal may direct that the person charged or any person F4acting on his behalf or under his supervision is to be—
a
subject to such restrictions on the provision of immigration advice or immigration services as the F17First-tier Tribunal considers appropriate;
b
suspended from providing immigration advice or immigration services for such period as the F17First-tier Tribunal may determine; or
c
prohibited from providing immigration advice or immigration services indefinitely.
9
The Commissioner must keep a record of the persons against whom there is in force a direction given by the F17First-tier Tribunal under subsection (8).
I290 Orders by disciplinary bodies.
1
A disciplinary body may make an order directing that a person subject to its jurisdiction is to be—
a
subject to such restrictions on the provision of immigration advice or immigration services as the body considers appropriate;
b
suspended from providing immigration advice or immigration services for such period as the body may determine; or
c
prohibited from providing immigration advice or immigration services indefinitely.
2
“Disciplinary body” means any body—
a
appearing to the Secretary of State to be established for the purpose of hearing disciplinary charges against members of a designated professional body; and
b
specified in an order made by the Secretary of State.
3
The Secretary of State must consult the designated professional body concerned before making an order under subsection (2)(b).
4
For the purposes of this section, a person is subject to the jurisdiction of a disciplinary body if he is an authorised person or F5is acting on behalf of an authorised person.
5
“Authorised person” means a person who is authorised by the designated professional body concerned to practise as a member of the profession whose members are regulated by that body.
S. 87 crossheading substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 34 (with Sch. 5)