Immigration Advisers Licensing Act 2007

  • This version was reprinted on 20 May 2016 to make corrections to sections 8(3), 9(2), 10(c), 12(6), 16(a), 47(2)(a), 67(4), 79(c), 89(3), 90(3)(b), and 92(8)(b)(i) and (10)(c) under section 25(1)(i), (j)(ii) and (j)(iii) of the Legislation Act 2012.
53 Suspension of licence pending outcome of complaint


The Tribunal may suspend a licence where—


a complaint has been made about the licensed immigration adviser; and


the complaint has been referred to the Tribunal by the Registrar under section 45(3) or 46(2); and


the complaint is being prepared for submission to the Tribunal; and


the Tribunal considers that it is necessary or desirable to suspend the licence having regard to the interests of the public.


The process for suspending a licence under this section is as follows:


the Tribunal must give the licensee written notice of its intention to suspend the licence; and


the notice must—


contain or be accompanied by a statement of the Tribunal’s reasons for the intended suspension; and


state that the licensee has 10 working days within which to make written representations to the Tribunal as to why the licence should not be suspended; and


state the proposed period or otherwise describe the proposed duration of the suspension; and


if any written representations are made by the licensee within the 10-working day period referred to in paragraph (b)(ii), the Tribunal must take those representations into account in deciding whether or not to suspend the licence, or the period or duration of the suspension; and


the Tribunal must then decide whether or not to suspend the licence, and notify the licensee accordingly, as soon as practicable.


If the Tribunal decides to suspend the licence, the Tribunal must—


include in the notice under subsection (1)(d) the grounds for the decision, the date on which the suspension takes effect, and the period or duration of the suspension; and


specify in the notice the right of the licensee to appeal to the District Court under section 81.