Gavin Irwin Avoids Imprisonment For Immigration Adviser

Over the last 18 months Gavin Irwin has been assisting a client in a criminal investigation and proceedings brought by the Office of the Immigration Services Commissioner (‘OISC’).

The OISC has recently deployed significant resources to the prosecution of unregistered persons involved in the provision of immigration advice or services.  Registration is dependent on accreditation by a professional body including the Chartered Institute of Legal Executives (‘CiLEX’).

Gavin’s client, an affiliate member of CiLEX, was investigated for a number of offences but the proceedings were resolved by guilty pleas to regulatory matters under the Immigration and Asylum Act 1999 – acting as an immigration adviser when not a qualified person – without any admission as to dishonesty.

A Newton hearing was averted after exhaustive research in relation to work done by the defendant demonstrated that he had, in fact, acted diligently and competently on behalf of his clients.  On Thursday 20 June, Gavin’s client was spared immediate imprisonment in light of his offer to compensate the complainants.

Gavin was instructed by Jonathan Brogden of DAC Beachcroft, assisted by Aleks Chadzynski.

To read about the case in more detail, please follow the links below:

• Nottingham Post
• GOV.UK