Date
2 May 2019
Charges
Mr Bhuiyan faced three charges of misconduct in the Disciplinary Tribunal.
Charge 1
Mohammad Bhuiyan failed to uphold the rule of law and the impartial administration of Justice.
Contrary to: Principle 1 of the CILEx Code of Conduct 2010.
The particulars to this charge, were that, on or about 3 September 2014 Mohammad Bhuiyan then a Graduate Member of CILEx in the course of proceedings in the First Tier Tribunal (Immigration and Asylum Chamber) knowingly or recklessly caused to be adduced in evidence witness statements prepared by him which contained false or misleading statements of fact.
Charge 2
Mohammad Bhuiyan failed to maintain high standards of professional and personal conduct and/or failed to act with honesty and integrity.
Contrary to: Principle 2 and/or Principle 3 of the CILEx Code of Conduct 2010.
The particulars to this charge, were that, on or before 3 September 2014 Mohammad Bhuiyan then a Graduate Member of CILEx prepared witness statements for use before the First Tier Tribunal (Immigration and Asylum Chamber) which he knew contained false or misleading statement of fact, or was reckless as to the truth of such statements.
Charge 3
Mohammad Bhuiyan failed to maintain high standards of professional and personal conduct and justify public trust in himself, his profession and the provision of legal services.
Contrary to: Principle 2 of the CILEx Code of Conduct 2015.
The particulars to this charge, were that, on 19 September 2017 by reason of such matters alleged in Charges 1 and 2 the Solicitors Regulations Authority made an order pursuant to Section 43 of the Solicitors Act 1974 that in respect of the said Mohammed Bhuiyan:
- No solicitor shall employ or remunerate him in connection with his/her practice as a solicitor;
- No employee of a solicitor shall employ or remunerate him in connection with the solicitor’s practice;
- No recognised body shall employ or remunerate him;
- No manager or employee of a recognised body shall employ or remunerate him in connection with the business of that body;
- No recognised body or manager or employee of such a body shall permit him to be a manager of the body; and
- No recognised body or manager or employee of such a body shall permit him to have an interest in the body.
Outcome
The Disciplinary Tribunal found all charges proven to the requisite standard. The Tribunal found charges 1 and 2 proven on the basis of the decision of the SRA Adjudicator and the determination of the Immigration and Asylum Chamber of the Upper Tribunal which amounted to conclusive evidence against Mr Bhuiyan under Rule 29(6)(b) and (c) of the CILEx Regulation Enforcement Rules 2018. The Tribunal found charge 3 proven by virtue of the fact a s.43 order had been made against Mr Bhuiyan. The Tribunal found that Mr Bhuiyan had indeed been reckless as to the truth of the contents of the witness statements that he adduced in the hearing before the Immigration and Asylum Chamber of the Upper Tribunal. In relation to dishonesty, the Tribunal took the view that it had heard insufficient evidence to make an unequivocal finding of dishonesty against Mr Bhuiyan.
Sanction – Exclusion – fixed period
The Disciplinary Tribunal ordered an immediate 12 month exclusion from membership of CILEx. Mr Bhuiyan may not re-apply for membership of CILEx during this 12-month period. After this period has expired, Mr Bhuiyan’s membership will not automatically be reinstated, and he will have to re-apply if he wishes to become a member of CILEx. Costs were awarded against Mr Bhuiyan.
