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Newsletter March 2010
Licensed immigration adviser reference group survey results
At the end of last year, members of the 2009 reference group were asked to complete a questionnaire on reference group activities, the Registrar’s performance in relationship management, and the Authority’s performance overall.
In particular, we wanted to know what members thought about the topics of discussion and areas of work the Authority has focused on in the first year of mandatory licensing. Ten members of the reference group replied to our questions by the end of January. The following gives the average scores, with five as the highest possible rating:
| How useful did you find the reference group? | 4.2 |
| How well did the Authority meet your expectations? | 4.8 |
| How would you rate the Registrar’s communication with advisers? | 4.5 |
| How relevant to your practice were the newsletters? | 4.0 |
The overwhelming feedback we received on the reference group was that licensed immigration advisers valued the ongoing dialogue between the adviser community and the Authority.
Respondents shared the view that the reference group gave advisers useful insights into the specific issues others in the industry faced, particularly where people were working in different-sized companies. This information is also useful for the Authority, as we recognise this is not a ‘one size fits all’ industry.
There were a number of suggestions for ways in which the reference group format could be improved. In particular, many respondents asked if a representative from Immigration New Zealand could attend all or part of the meetings. This matter has been raised with INZ.
Another suggestion was to open the reference group to offshore advisers, and hold some meetings offshore. There was an offshore member on the 2009 reference group. Offshore advisers are welcome to apply for membership of the reference group, and can attend meetings via teleconference. At this stage, there are no plans to hold meetings outside New Zealand.
The code of conduct workshops were considered the most useful area of activity last year.
Among the topics members would like to see in future newsletters are details of complaints against licensed and unlicensed advisers, details of immigration policy changes, and CPD options. Where possible, we will provide this information, but complaints must be confidential until the Court or the Immigration Advisers Complaints and Disciplinary Tribunal publish their decisions.
The feedback we received has helped us focus our attention on areas of interest and concern to licensed immigration advisers and has also provided confirmation that our current work focus is on target.
Thank you to advisers who expressed interest in being part of the 2010 reference group. Applications closed on 28 February. We will inform you of the new reference group in the next newsletter.
Austin v Registrar of Immigration Advisers,
DC Auckland, CIV-2009-004-1116, 15 February 2010
Appeal against decision of the Registrar
On 15 February, Her Honour Judge Sharp issued the first District Court decision deciding an appeal under section 81 Immigration Advisers Licensing Act 2007 (the Act).
The appeal was against a decision of the Registrar of Immigration Advisers to refuse to licence the appellant as an immigration adviser. The Registrar’s refusal related to the appellant’s fitness to be licensed as an immigration adviser.
The grounds for appeal were that the Registrar failed to consider the applicant’s competence to give immigration advice, that his decision was substantively unfair or unreasonable, and that the Registrar erred in concluding the applicant was not fit to be licensed.
Her Honour confirmed the Registrar’s decision to refuse to licence the appellant. She dismissed the appeal.
The appellant had previously been struck off as a barrister and solicitor by the New Zealand Law Practitioners Disciplinary Tribunal. The Tribunal found him guilty of misconduct and conduct unbecoming a solicitor. In his decision to determine whether the appellant was fit to be licensed as an immigration adviser, the Registrar referred to the Tribunal’s decision.
Her Honour concluded that there was nothing in the manner in which [the Registrar] reached his decision that she could criticise. She agreed with the Registrar’s view that there were analogies between the standards required of licensed immigration advisers and barristers and solicitors. In particular she took into account the vulnerability of the people they would be advising.
Her Honour also provided comment on the meaning of the standard of “fit and appropriate” within the Act. She concluded that the term should be given its normal Oxford English Dictionary meaning. She referred to several words that could be used to adequately define the term.
Her Honour concluded the Registrar was not required to consider whether the applicant met competency standards under the Act, if the applicant failed to meet other requirements to be licensed, such as fitness.
Immigration New Zealand Operations Policy seminars
The next round of Immigration New Zealand operational policy seminars are scheduled for April. The main topic for the seminars will be the new Silver Fern and Retirement visas. There will also be a brief overview of the new Immigration Act 2009, although the bulk of this information will be presented in the July seminars.
As with previous INZ seminars, attendance can be included as part of your CPD obligations.
| Centre | Date | Venue | Time |
|---|---|---|---|
| Auckland |
Tuesday 20 April | Novotel Ellerslie Rimu conference room 72-112 Greenlane Road East Auckland |
2.00 – 4.00 pm |
| Hamilton | Thursday 22 April | Immigration New Zealand Level 3 Westpac House 430 Victoria Street Hamilton |
1.30 – 3.30 pm |
| Wellington | Tuesday 13 April | Lambton 1 Terrace Conference Centre St John House 114 The Terrace Wellington |
2.00 – 4.00 pm |
| Christchurch | Thursday 15 April | Immigration New Zealand Crystal Plaza 73-75 Cathedral Square Christchurch |
2.30 – 4.30 pm |
| Dunedin | Tuesday 13 April | Immigration New Zealand Level 4 Meeting Room Norwich House 1 Bond Street Dunedin |
2.00 – 4.00 pm |
To ensure your place at a seminar please email cpdregistration@dol.govt.nz by Monday 29 March, identifying the seminar that you wish to attend and providing the name(s) of attendees. Please do not email the Authority.
Advisers need to keep the Authority updated
We’d like to remind you that according to Section 26 of the Immigration Advisers Licensing Act 2007 (the Act), licensed advisers are obliged to notify the Registrar of any change in their circumstances.
These changes include business address, and also the name and contact details of the company or companies that you may work for, or be contracted to provide immigration advice to. If you work for more than one organisation, you need to provide details of each of these organisations and the circumstances in which you work there.
The Authority has become aware of allegations that some advisers may be rubber-stamping applications after an unlicensed person has provided immigration advice to the client.
The Act is very clear that only licensed advisers or exempt people may give immigration advice. We expect that in all cases, the licensed adviser would be known to the migrant. This is an area of concern to the Authority, and one that we are looking into. Advisers should be aware that they may be questioned on this at renewal time.
Advisers must meet their specific obligations
No two advisers are the same. People come from different backgrounds, with different strengths and weaknesses around their obligations to the code of conduct and competency standards.
The Authority recognises this, and at the time of initial licensing, some areas of weakness may be raised with the adviser. In these cases, the adviser may be directed to attend specific courses or undertake certain activities to ensure they meet the competencies and are fully compliant with the code of conduct expected of licensed advisers.
The Authority expects that any work the adviser promises to undertake in the subsequent 12 months of being licensed, will be done by the time they seek to renew their licence. We recommend you don’t wait until you submit your renewal application to consider what undertakings you made when you received your licence. Take a closer look at your conditional letter and other correspondence with the assessors during the assessment process to ensure that you have met your commitments. The assessor will want to see evidence that you have understood the requirements and that you have acted on the Authority’s directives.
We expect advisers to provide evidence that they have met their specific obligations to the Authority prior to submitting their application for renewal.
Contact us
As always, please feel free to contact us:
Email us at info@iaa.govt.nz
Freephone 0508 IAA IAA (0508 422 422 – New Zealand only)
Write to PO Box 6222, Auckland 1141, New Zealand
Visit www.iaa.govt.nz
Barry Smedts
Registrar of Immigration Advisers
Licensed professionals = Protected migrants