Date
5 December 2019
Charges
Five charges of misconduct against Eugene Byass were referred to the Disciplinary Tribunal as follows:
Charge 1
Eugene Byass failed to behave with honesty and integrity.
Contrary to: Principle 3, Outcomes 3.2 and 3.5 of the CILEx Code of Conduct.
The particulars of the charge are that he provided immigration advice and services knowing or believing he was not qualified or authorised to do so. This resulted in his being convicted of eight offences contrary to Section 91 of the Immigration and Asylum Act 1999 and sentenced to 8 months imprisonment, suspended for 12 months, 100 hours of unpaid work and ordered to pay £11,507 in compensation.
Charge 2
Eugene Byass failed to behave with honesty and integrity.
Contrary to: Principle 3, Outcomes 3.1 and 3.2 of the CILEx Code of Conduct.
The particulars are that he informed CILEx that he was working as an office manager for firm of solicitors knowing or believing that this was not true, intending to mislead CILEx into believing he was employed by them.
Charge 3
Eugene Byass failed to maintain high standards of professional and personal conduct and justify public trust in him, his profession and the provision of legal services.
Contrary to: Principle 2, Outcome 2.2 of the CILEx Code of Conduct.
The particulars are that he provided immigration advice and services to clients through an unregulated business, B and L Legal Consultancy, knowing or believing her was not authorised to do so which resulted in financial loss to clients.
Charge 4
Eugene Byass failed to act competently in the best interests of clients and respect client confidentiality.
Contrary to: Principle 5, Outcome 5.6 of the CILEx Code of Conduct.
The particulars are that he provided immigration advice and services to clients through his unregulated business, B and L Legal Consultancy, knowing or believing he was not authorised to do so.
Charge 5
Eugene Byass failed to comply with his legal and regulatory obligations and deal with regulators and ombudsmen openly, promptly and co-operatively.
Contrary to: Principle 4, Outcomes 4.1, 4.2 and 4.4 of the CILEx Code of Conduct.
The particulars are that he failed to declare that he had been convicted of eight offences and repeatedly failed to respond to enquiries by CILEx Regulation during the course of a misconduct investigation.
Outcome
The Disciplinary Tribunal found all charges against Mr Byass proved on the balance of probabilities.
Sanction – Indefinite exclusion
In accordance with Rule 30(5)(iv) of the CILEx Regulation Enforcement Rules 2018, the Disciplinary Tribunal ordered the immediate exclusion of Mr Byass from CILEx membership for an indefinite period and that he is not permitted to reapply for membership of CILEx for a period of 10 years. He was ordered to pay costs of £1500.
