Immigration and Asylum Act 1999

89 Disciplinary charge upheld by the Tribunal. E+W+S+N.I.

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

(2) Subsection (3) applies if the person charged is—

(a) a registered person;

(b) a person employed by, or working under the supervision of, a registered person;

(c) a member or employee of a body which is a registered person; or

(d) a person working under the supervision of such a member or employee.

(3) The Tribunal may—

(a) direct the Commissioner to record the charge and the Tribunal’s decision on it for consideration when the registered person next applies for continued registration; or

(b) direct the registered person to apply to the Commissioner for continued registration without delay.

(4) If the person charged is certified by the Commissioner as exempt under section 84(4)(a), the 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 Tribunal may direct him to repay to the clients concerned such portion of those fees as it may determine.

(6) The 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 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 Tribunal may direct that the person charged or any person employed by him or working under his supervision is to be—

(a) subject to such restrictions on the provision of immigration advice or immigration services as the Tribunal considers appropriate;

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