An unlicensed immigration adviser has been ordered to provide refunds after collecting more than $5000 from running an unlawful immigration business.
Kauapi Lutelu, also known as ‘Prince Pastor Kauapi Lutelu Salanoa’ of Mangere, pleaded guilty to six charges at Auckland District Court on September 27, 2012.
The Charges
These included two charges of providing immigration advice without a licence, two charges of holding out as a licensed immigration adviser, one representative charge of holding out as an immigration adviser and one representative charge of asking for a fee for the provision of immigration advice.
Judge C J Field determined that a term of imprisonment would ordinarily be the appropriate starting point for offending of this type.
However, in view of personal circumstances and severe mental illness, a sentence of 14 days community detention was imposed, in addition to orders giving refunds to four victims.
Ministerial quota?
In January 2010, a Radio 531PI announcement said Mr Lutelu had been given a ‘quota’ from the Minister of Immigration for 250 Fiji nationals who required work permits or permanent residency.
The announcement said an application for the quota would only be considered if accompanied by a $50 cover charge.
The following month, Mr Lutelu wrote to those who registered for the ‘quota’ stating he would be charging $1000 for a work permit and $2000 for permanent residence.
In May 2010, a visa application filed by Mr Lutelu was returned, as Immigration New Zealand (INZ) would not accept applications from unlicensed advisers.
Licence declined
The Immigration Advisers Authority (IAA) had reportedly declined the applications of Mr Lutelu for an Immigration Advisers License six times and that he was warned not to provide any immigration advice.
Registrar of Immigration Advisers Barry Smedts said that there was no way of knowing how many people paid money to Mr Lutelu, because those in New Zealand unlawfully may be afraid to contact his office.
“However, I believe a majority have already come forward as they know the Immigration Advisers Authority has no power to deport them,” he said.
Consult IAA
Mr Smedts said that people can avoid falling foul of individuals like Mr Lutelu.
“Before handing over any money, check the online public Register of Licensed Immigration Advisers and read our Immigration Advice Consumer Guide. If you do not have internet access, call us and we will check the register for you and post a copy of the Guide. This will tell you where to go for advice and how to report illegal activity,” he said.
Under the Immigration Advisers Licensing Act 2007, anyone providing immigration advice must be licensed or exempt from the requirement to be licensed.
Licensed immigration advisers are provided with a certificate and wallet card and are listed on the Authority’s Online Register.
Lawyers and those working at Community Law Centres and Citizens Advice Bureaux are among those exempt from obtaining a license to provide immigration advice.
Apart from obtaining additional information, complaints can be lodged at the office of the Authority, on 0508-422422 from New Zealand or on 0064-9-925 3838 from other countries.
Source: Immigration Advisers Authority
