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Immigration and Asylum Act 1999

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89 Disciplinary charge upheld by the [F1First-tier Tribunal].E+W+S+N.I.

This section has no associated Explanatory Notes

(1)This section applies if the [F2First-tier Tribunal] upholds a disciplinary charge laid by the Commissioner under paragraph 9(1)(e) of Schedule 5 against a person (“the person charged”).

[F3(2)[F4Subsections (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.

(2A)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.

(2B)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.]

F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)If the person charged is found to have charged unreasonable fees for immigration advice or immigration services, the [F2First-tier Tribunal] may direct him to repay to the clients concerned such portion of those fees as it may determine.

(6)The [F2First-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 [F2First-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 [F2First-tier Tribunal] may direct that the person charged or any person [F7acting 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 [F2First-tier Tribunal] considers appropriate;

(b)suspended from providing immigration advice or immigration services for such period as the [F2First-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 [F2First-tier Tribunal] under subsection (8).]

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Amendments (Textual)

F1Words in s. 89 heading substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 37 (with Sch. 5)

F4S. 89(2)-(2B) substituted for s. 89(2) (17.11.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 7 para. 7(1); S.I. 2014/2771, art. 5(c)

F6Words in s. 89(7) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 90(c); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

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