Immigration Advisers Licensing Act 2007

45 Procedure on receipt of complaint by Registrar
  • (1) On receiving a complaint concerning a licensed immigration adviser or former licensed immigration adviser, the Registrar may—

    • (a) determine that the complaint does not meet the criteria set out in section 44(3), and reject it accordingly:

    • (b) determine that the complaint does not disclose any of the grounds of complaint listed in section 44(2), and reject it accordingly:

    • (c) determine that the complaint discloses only a trivial or inconsequential matter, and for this reason need not be pursued:

    • (d) request the complainant to consider whether or not the matter could be best settled by the complainant using the immigration adviser's own complaints procedure.

    (2) If the Registrar determines that the complaint should not be dealt with under subsection (1), the Registrar must refer the complaint to the Tribunal for determination.

    (3) The Registrar may refer a complaint to the Tribunal for a determination as to whether the licence of the immigration adviser concerned should be suspended under section 53.

    (4) If the complaint is to be referred to the Tribunal under subsection (2), the Registrar must—

    • (a) prepare the complaint for submission to the Tribunal under section 47; and

    • (b) file the complaint with the Tribunal under section 48.

    (5) If the Registrar makes a determination of any of the kinds referred to in subsection (1)(a) to (c), the Registrar must—

    • (a) notify the complainant of the relevant determination in writing; and

    • (b) in the case of a determination under subsection (1)(b) or (c), notify the complainant of the right to appeal to the Tribunal under section 54.