Legislation – Border Security, Asylum and Immigration Act 2025

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Schedules

Schedule 1Immigration advisers and immigration service providers

The complaints scheme

14 (1)

Schedule 5 is amended as follows.

(2)

In paragraph 5(3), after paragraph (b) insert—

“(ba)

the provision of immigration advice or immigration services by a person in contravention of section 84,”.

(3)

In paragraph 6—

(a)

in sub-paragraph (2) for “is the subject of an investigation under the scheme” substitute “falls within sub-paragraph (2A)”;

(b)

after sub-paragraph (2) insert—

“(2A)

A person (“P”) falls within this sub-paragraph if—

(a)

P is the subject of an investigation under the scheme, or

(b)

in a case where the person who is the subject of an investigation under the scheme is a relevant body, P—

(i)

was an officer, member or partner of the body when the body provided the immigration advice or immigration services to which the complaint relates, but

(ii)

is no longer such an officer, member or partner.

(2B)

In sub-paragraph (2A)—

(a)

“relevant body” means a body which was a registered person at the time to which the complaint relates;

(b)

“officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body.”

(4)

In paragraph 9—

(a)

in sub-paragraph (1), after paragraph (e) insert—

“(f)

if the person to whom the complaint relates (“P”) was not, at the time to which the complaint relates, a relevant authorised person, order P or a relevant body in relation to P—

(i)

to refund all or any part of the fees charged by P or the relevant body for the immigration advice or immigration services to which the complaint relates;

(ii)

to pay to the person to whom the advice or services were provided an amount specified in the order by way of compensation in respect of any loss, inconvenience or distress suffered by the person as a result of the provision of the advice or services.”;

(b)

after sub-paragraph (1B) insert—

“(1C)

For the purposes of sub-paragraph (1)(f) and this sub-paragraph—

(a)

a person is a “relevant authorised person” if—

(i)

the person falls within section 84(2)(b), or

(ii)

the person falls within section 84(2)(e) because the person acts on behalf of, and under the supervision of, a person falling within section 84(2)(b);

(b)

a body is a “relevant body” in relation to P if P was acting as the employee, officer, member or partner of the body when providing the immigration advice or immigration services to which the complaint relates;

(c)

“officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body.

(1D)

The total amount that may be ordered to be refunded or paid by virtue of sub-paragraph (1)(f) in respect of a complaint must not exceed £250,000.

(1E)

The Secretary of State may by regulations amend the amount for the time being specified in sub-paragraph (1D).

(1F)

An order under sub-paragraph (1)(f) may specify the time by which the refund or payment must be made.”

(5)

After paragraph 9 insert—

“Order on determination of complaint to refund fees or pay compensation: procedure, appeals and enforcement

9A

The complaints scheme must include provision securing that, where the Commissioner proposes to make an order under paragraph 9(1)(f) against a person—

(a)

the Commissioner must give the person a notice of what is proposed (a “notice of intent”),

(b)

the person may, within the period specified in the notice of intent, make written representations and objections to the Commissioner in relation to the proposed order,

(c)

the Commissioner must, at the end of the period for making representations and objections, consider any representations and objections made and—

(i)

determine to make the proposed order,

(ii)

determine not to make an order under paragraph 9(1)(f) against the person,

(iii)

determine to make an order under paragraph 9(1)(f) against the person requiring the person to refund or pay an amount which is less than the amount mentioned in the notice of intent, or

(iv)

provisionally determine to make an order under paragraph 9(1)(f) against the person requiring the person to refund or pay an amount which is greater than the amount mentioned in the notice of intent, and

(d)

where the Commissioner makes a provisional determination as mentioned in paragraph (c)(iv), the person is given an opportunity to make written representations and objections in relation to the provisional determination which must be considered by the Commissioner before the order is made.

9B

Where the Commissioner makes an order under paragraph 9(1)(f) against a person, the person may appeal to the First-tier Tribunal against the making of the order.

9C

(1)

This paragraph applies where—

(a)

on determining a complaint under the complaints scheme, the Commissioner makes an order under paragraph 9(1)(f) for an amount to be refunded or paid to a person (“P”), and

(b)

the appeal rights in relation to the order are exhausted.

(2)

For the purposes of sub-paragraph (1)(b) the appeal rights in relation to an order are exhausted at a time when—

(a)

it is no longer possible for an appeal against the order to be made under paragraph 9B (ignoring any possibility of an appeal out of time), and

(b)

there is no appeal against the order which is pending.

(3)

On the application of P or the Commissioner, a court may order that the amount to be refunded or paid under the order is recoverable as if it were payable under an order of that court.

(4)

The Commissioner may make an application under sub-paragraph (3) only—

(a)

in the circumstances specified in the complaints scheme, and

(b)

with P’s consent.

(5)

If a court makes an order under sub-paragraph (3) on the application of the Commissioner, the Commissioner may, in the circumstances specified in the complaints scheme and with P’s consent, recover the amount mentioned in that sub-paragraph on behalf of P.

(6)

For the purposes of this paragraph—

(a)

an appeal is pending during the period—

(i)

starting when the appeal is brought, and

(ii)

ending when the appeal is finally determined, abandoned or withdrawn;

(b)

“court” means—

(i)

in England and Wales, the High Court or the county court;

(ii)

in Scotland, the Court of Session or the sheriff;

(iii)

in Northern Ireland, the High Court or a county court.”