Immigration and Asylum Act 1999

Determination of complaints U.K.

8 (1) On determining a complaint under the complaints scheme, the Commissioner must give his decision in a written statement. U.K.

(2) The statement must include the Commissioner’s reasons for his decision.

(3) A copy of the statement must be given by the Commissioner to—

(a) the person who made the complaint; and

(b) the person who is the subject of the complaint.

9 (1) On determining a complaint under the complaints scheme, the Commissioner may— U.K.

[F1 (a) if the person to whom the complaint relates was at the time to which the complaint relates—

(i) a registered person, or

(ii) a person acting on behalf of a registered person,

record the complaint and the decision on it to be considered in connection with the next relevant application;]

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 (c) refer the complaint and his decision on it to a relevant regulatory body;]

F4 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) lay before the [F5 First-tier Tribunal] a disciplinary charge against a relevant person.

[F6 (1A) In sub-paragraph (1)(a) “relevant application” means—

(a) if the registered person referred to in that sub-paragraph is still registered, an application by that person for continued registration, and

(b) otherwise, an application by that person for registration.]

[F7 (1B) Sub-paragraph (1)(a) is subject to paragraph 4A(e) of Schedule 6 (duty of Commissioner to cancel registration of a person who is no longer competent or is otherwise unfit).]

(2) Sub-paragraph (3) applies if—

(a) the [F8 First-tier Tribunal] is considering a disciplinary charge against a relevant person; and

(b) the Commissioner asks it to exercise its powers under that sub-paragraph.

(3) The [F9 First-tier Tribunal] may give directions (which are to have effect while it is dealing with the charge)—

[F10 (a) imposing restrictions on the provision of immigration advice or immigration services by the relevant person or by a person acting on his behalf or under his supervision;]

[F10 (b) prohibiting the provision of immigration advice or immigration services by the relevant person or a person acting on his behalf or under his supervision.]

[F11 (4) Relevant person” means—

(a) a person who, at the time to which the charge relates, was providing immigration advice or immigration services and was—

(i) a registered person, or

(ii) a person acting on behalf of a registered person;

(b) a person providing immigration advice or immigration services who is—

(i) a person to whom section 84(4)(d) applies, or

(ii) a person employed by, or working under the supervision of, such a person.]

Textual Amendments

F1 Sch. 5 para. 9(1)(a) substituted (17.11.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 7(3); S.I. 2014/2771, art. 5(c)

F2 Sch. 5 para. 9(1)(b) omitted (17.11.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 4(2)(a); S.I. 2014/2771, art. 5(c)

F3 Sch. 5 para. 9(1)(c) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 37(5)(i), 48(3); S.I. 2004/2523, art. 2, Sch.

F4 Sch. 5 para. 9(1)(d) omitted (17.11.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 2(2)(f); S.I. 2014/2771, art. 5(c)

F5 Words in Sch. 5 para. 9(1)(e) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 40 (with Sch. 5)

F6 Sch. 5 para. 9(1A) inserted (17.11.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 7(4); S.I. 2014/2771, art. 5(c)

F7 Sch. 5 para. 9(1B) inserted (17.11.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 4(2)(b); S.I. 2014/2771, art. 5(c)

F8 Words in Sch. 5 para. 9(2)(a) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 40 (with Sch. 5)

F9 Words in Sch. 5 para. 9(3) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 40 (with Sch. 5)

F10 Sch. 5 para. 9(3)(a)(b) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 37(5)(j), 48(3); S.I. 2004/2523, art. 2, Sch.

F11 Sch. 5 para. 9(4) substituted (17.11.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 7(5); S.I. 2014/2771, art. 5(c)

Modifications etc. (not altering text)

C1 Sch. 5 para. 9(1)(a) modified (17.11.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 paras. 68, 69; S.I. 2014/2771, art. 5(d)

C2 Sch. 5 para. 9(1A) modified (17.11.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 paras. 68, 69; S.I. 2014/2771, art. 5(d)

C3 Sch. 5 para. 9(4)(a) modified (17.11.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 paras. 68, 69; S.I. 2014/2771, art. 5(d)