Part V Immigration Advisers and Immigration Service Providers
F6Appeals to the First-tier Tribunal
I187F7Appeals to the First-tier Tribunal.
F131
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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;
F26b
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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
F23eb
to cancel a registration under paragraph 4A(e) of that Schedule.
F2f
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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
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;
F27c
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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”).
C1F32
F29Subsections (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.
F284
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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 F22in 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 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—
F18a
appearing to the Secretary of State to be established for the purpose of hearing disciplinary charges against—
i
members of a designated professional body, or
ii
persons regulated by designated qualifying regulators; and
b
specified in an order made by the Secretary of State.
3
The Secretary of State must consult the designated professional body F19or designated qualifying regulator 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 F20—
a
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 bodyF21, or
b
a person who is authorised by the designated qualifying regulator concerned to provide immigration advice or immigration services.
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)