Part V Immigration Advisers and Immigration Service Providers

F3Appeals to the First-tier Tribunal

Annotations:
Amendments (Textual)

89 Disciplinary charge upheld by the F4First-tier Tribunal.

1

This section applies if the F5First-tier Tribunal upholds a disciplinary charge laid by the Commissioner under paragraph 9(1)(e) of Schedule 5 against a person (“the person charged”).

C1F12

F8Subsections (2A) and (2B) apply if the person charged was, at the time to which the charge relates, a registered person or a person acting on behalf of a registered person.

C12A

If the registered person mentioned in subsection (2) is still registered, the First-tier Tribunal may direct the Commissioner—

a

to record the charge and the First-tier Tribunal's decision on it for consideration in connection with that person's next application for continued registration;

b

to cancel that person's registration.

C12B

If the registered person mentioned in subsection (2) is no longer registered, the First-tier Tribunal may direct the Commissioner to record the charge and the First-tier Tribunal's decision on it for consideration in connection with any application by that person for registration.

F74

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5

If the person charged is found to have charged unreasonable fees for immigration advice or immigration services, the F5First-tier Tribunal may direct him to repay to the clients concerned such portion of those fees as it may determine.

6

The F5First-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 F5First-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 F6in Northern Ireland or the county court in England and Wales ; 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 F5First-tier Tribunal may direct that the person charged or any person F2acting 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 F5First-tier Tribunal considers appropriate;

b

suspended from providing immigration advice or immigration services for such period as the F5First-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 F5First-tier Tribunal under subsection (8).