Immigration and Asylum Act 1999

[F1 Appeals to the First-tier Tribunal] U.K.

Textual Amendments

F1 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)

87 [F2 Appeals to the First-tier Tribunal.] U.K.

F3 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Any person aggrieved by a relevant decision of the Commissioner may appeal to the [F4 First-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;

(b) to withdraw an exemption given under section 84(4)(a);

(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;

[F5 (ea) to vary a registration under paragraph 3A of that Schedule;] or

F6 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 (3A) 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.]

[F8 (4) For a further function of the First-tier Tribunal under this Part, see paragraph 9(1)(e) of Schedule 5 (disciplinary charges laid by the Commissioner).]

F9 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 S. 87 heading substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 35(a) (with Sch. 5)

F3 S. 87(1) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 35(b) (with Sch. 5)

F4 Words in s. 87(2) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 35(c) (with Sch. 5)

F5 S. 87(3)(ea) inserted (8.1.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 140(3) (with s. 159); S.I. 2002/2811, art. 2, Sch. (with art. 5)

F6 S. 87(3)(f) repealed (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 40, 48(3), Sch. 4; S.I. 2004/2523, art. 2, Sch.

F7 S. 87(3A)-(3C) inserted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 35(d) (with Sch. 5)

F8 S. 87(4) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 35(e) (with Sch. 5)

F9 S. 87(5) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 35(b) (with Sch. 5)

Commencement Information

I1 S. 87 wholly in force at 30.10.2000; s. 87 not in force at Royal Assent see s. 170(4); s. 87(5) in force for certain purposes at 1.8.2000 and s. 87 in force at 30.10.2000 insofar as not already in force by S.I. 2000/1985, art. 2, Sch. (with transitional provisions in art. 3)

88 Appeal upheld by the [F10 First-tier Tribunal]. U.K.

(1) This section applies if the [F11 First-tier Tribunal] allows an appeal under section 87.

(2) If the [F12 First-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;

(c) to restore an exemption granted under section 84(4)(a); or

(d) to quash a decision recorded under paragraph 9(1)(a) of Schedule 5 and the record of that decision.

Textual Amendments

F10 Words in s. 88 heading substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 36 (with Sch. 5)

F11 Words in s. 88(1) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 36 (with Sch. 5)

F12 Words in s. 88(2) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 36 (with Sch. 5)

89 Disciplinary charge upheld by the [F13 First-tier Tribunal]. U.K.

(1) This section applies if the [F14 First-tier Tribunal] upholds a disciplinary charge laid by the Commissioner under paragraph 9(1)(e) of Schedule 5 against a person (“the person charged”).

[F15 (2) If the person charged is a registered person or acts on behalf of a registered person, the [F14 First-tier Tribunal] may—

(a) direct the Commissioner to record the charge and the [F14 First-tier Tribunal]’s decision for consideration in connection with the registered person’s next application for continued registration;

(b) direct the registered person to apply for continued registration as soon as is reasonably practicable.]

(4) If the person charged is certified by the Commissioner as exempt under section 84(4)(a), the [F14 First-tier 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 [F14 First-tier Tribunal] may direct him to repay to the clients concerned such portion of those fees as it may determine.

(6) The [F14 First-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 [F14 First-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; 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 [F14 First-tier Tribunal] may direct that the person charged or any person [F16 acting 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 [F14 First-tier Tribunal] considers appropriate;

(b) suspended from providing immigration advice or immigration services for such period as the [F14 First-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 [F14 First-tier Tribunal] under subsection (8).

Textual Amendments

F13 Words 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)

F14 Words in s. 89(1)-(9) 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)

F15 S. 89(2) substituted for s. 89(2)(3) (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 37(3)(a), 48(3); S.I. 2004/2523, art. 2, Sch.

F16 Words in s. 89(8) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 37(3)(b), 48(3); S.I. 2004/2523, art. 2, Sch.

90 Orders by disciplinary bodies. U.K.

(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—

[F17 (a) 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 [F18 or 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 [F19 is 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 body[F21 , or

( b) a person who is authorised by the designated qualifying regulator concerned to provide immigration advice or immigration services.]

Textual Amendments

F17 S. 90(2)(a) substituted (1.4.2011) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 18 para. 15(2) (with ss. 29, 192, 193); S.I. 2011/720, art. 2(c)

F18 Words in s. 90(3) inserted (1.4.2011) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 18 para. 15(3) (with ss. 29, 192, 193); S.I. 2011/720, art. 2(c)

F19 Words in s. 90(4) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 37(4), 48(3); S.I. 2004/2523, art. 2, Sch.

F20 Words in s. 90(5) inserted (1.4.2011) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 18 para. 15(4)(a) (with ss. 29, 192, 193); S.I. 2011/720, art. 2(c)

F21 Words in s. 90(5) inserted (1.4.2011) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 18 para. 15(4)(b) (with ss. 29, 192, 193); S.I. 2011/720, art. 2(c)

Commencement Information

I2 S. 90 wholly in force at 30.4.2001; s. 90 not in force at Royal Assent see s. 170(4); s. 90 in force for certain purposes at 1.8.2000 by S.I. 2000/1985, art. 2, Sch. (with transitional provisions in art. 3); S. 90 in force so far as not already in force at 30.4.2001 by S.I. 2001/1394, art. 2, Sch.