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Immigration Advisor fined $20,000

The Immigration Advisors Complaints and Disciplinary Authority Tribunal has cancelled the licence of an immigration adviser for two years on proven charges of providing incorrect advise and justifying it by falsely claiming that there was a change in the immigration policy.

Nelson based Glen Williams was also obliged to pay $19,459 as compensation and a fine of $2000.

Tribunal Chairman G D Pearson said the adviser had also breached the code of conduct specified for Immigration Advisers by withholding the passport of a client, in lieu of payment.

“This is a grave lapse from professional standards,” he said and added that the incorrect advice provided prevented the client from obtaining a work visa to which he was entitled resulting in loss of income for 16 weeks and other avoidable costs.

Immigration Advisers Authority Registrar Barry Smedts said the decision of the Tribunal demonstrated the seriousness with which the professional obligations of licensed advisers are viewed by the concerned.

He said the Immigration Advisers Licensing Act aimed to establish high professional standards for immigration advisers.

“It is extremely important that these standards are protected and the Tribunal’s decision does just that. It shows that the Act does have teeth and that the Tribunal is serious about protecting migrants and stamping out unprofessional behaviour,” he said.

“Three of these involved “rubber stamping,” which occurs when a licensed adviser allows his name and licence to be used by an unlicensed person. In these cases, the Tribunal determined that it was the responsibility of the adviser to maintain the integrity of their licence,” he said.

The Tribunal, established in October 2010, has thus far decided on 16 cases, of which four were dismissed, six await decisions and six resulted in penalties and sanctions.

Mr Smedts said fines of about $3000 were imposed and the advisers’ licences were cancelled for a minimum of two years.

The other two cases involved the misrepresentation of academic qualifications and the mismanagement of client funds. The misrepresentation of academic qualifications resulted in cancellation of the adviser’s licence and a fine of $1500.

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