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Complaints and offences

Complaints

Any person may make a complaint to the Authority concerning the provision of immigration advice by a licensed immigration adviser (adviser). The Authority investigates all complaints and can send complaints to the Immigration Advisers Complaints and Disciplinary Tribunal (the Tribunal) for determination.

The Tribunal has a number of different sanctions, which it may impose on a licensed adviser if it upholds a complaint, section 51 of the Act outline these. Sanctions include caution, training, suspension of licence, cancellation of licence, an order preventing an adviser reapplying for up to two years, fine, payment of costs, and payment of refund or compensation to client.

Offences

The Authority may prosecute individuals who may be in breach of the Act.

The Authority will work with and negotiate with those who are genuinely willing to comply yet may have been unaware of their obligations.

The Authority may use stronger enforcement action with those who are knowingly in breach of the Act. Where appropriate, the Authority may publicise its enforcement actions to act as a deterrent to others in similar situations.

The Authority seeks to concentrate its efforts on real problems that are causing real harm to change non-compliant behaviour. The Authority will be flexible and dynamic in its use of enforcement tools and will consider any lawful means possible to achieve the desired public outcome.