Huseyin Arslan

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Mr Arslan, an immigration caseworker/consultant at firm DL, was the subject of an SRA section 43(2) Order and Disciplinary Decisions (rebuke, £500 penalty and publication) made on 16 January 2015, after an adjudicator found he had created or amended attendance notes (Documents A, B and C) to provide false and misleading information to the SRA during an investigation into a sexual harassment complaint by client Ms K, in breach of Principles 2, 6, 7 and Outcome 10.6. He appealed (s44E) and sought review (s43). The Tribunal held the criminal standard of proof applied to both the s43 review and the s44E appeal, as the conduct alleged (tampering with the audit trail) was tantamount to criminal conduct. It found the adjudicator wrongly concluded the appellant had opened the attachments to the 24 December 2013 letter and so could not have amended documents to answer allegations he was unaware of; it also found no reliable evidence the documents were created/amended to mislead. The Tribunal quashed the s43 Order and revoked the Disciplinary Decisions, but ordered the appellant to pay £20,000 costs (not enforceable without leave). No dishonesty was found; allegations were not proved. The Tribunal also held the SRA acted ultra vires under s44D as a self-employed consultant was not an 'employee', though the s43 jurisdiction did apply. On later High Court review the SRA partly succeeded, the court quashing the Tribunal's revocation of the s43 Order but upholding the s44E outcome; no order for costs.