Legislation – Border Security, Asylum and Immigration Act 2025

“(3AA)

Subsection (3A) does not apply in relation to a decision to cancel a person’s registration under paragraph 4A(e) of Schedule 6 if condition A or B is met.

(3AB)

Condition A is that the Commissioner notifies the person to whom the decision relates (“the relevant person”) in writing that—

(a)

the Commissioner considers that the relevant person is acting or has acted in a way which—

(i)

creates a risk of serious harm to persons seeking immigration advice or immigration services, or

(ii)

creates a risk of serious harm to the system of immigration control in the United Kingdom, and

(b)

accordingly, the decision to cancel the relevant person’s registration has effect from the time specified in the notice and while the period mentioned in subsection (3A) is running.

(3AC)

Condition B is that the person’s registration has been cancelled wholly or partly on the basis that the person has been convicted of—

(a)

an offence involving dishonesty or deception, or

(b)

an indictable offence.”

“(3D)

Tribunal Procedure Rules may not permit a direction of the kind mentioned in subsection (3B) in relation to a decision to cancel a person’s registration under paragraph 4A(e) of Schedule 6 where the person meets condition B in subsection (3AC).”

“(4A)

For the purposes of this section, conduct creates a risk of serious harm to the system of immigration control in the United Kingdom if, in particular, it involves—

(a)

abuse of a procedure operating in the United Kingdom in connection with immigration or asylum (including any appellate or other judicial procedure), or

(b)

advice to any person to do something which would amount to such an abuse.”