The importance of direct client engagement
The Immigration Advisers Complaints and Disciplinary Tribunal has recently looked at claims of ‘rubber stamping’ in the handling of a work visa application.
The decision is a useful reminder that a licensed immigration adviser must get a client’s informed instructions themselves and must do the key immigration advice work. These duties cannot be passed on to unlicensed agents or staff.
The decision focused on whether the provisionally licensed adviser, meaningfully and directly engaged with the client and obtained the client’s instructions. The question was whether the adviser did this work, or whether unlicensed intermediaries were actually running the matter.
The Registrar said the adviser had only a few direct messages with the client. Most of the communication and steps were handled by others in a messaging group and by staff. This raised a concern that unlicensed people were doing immigration advice work.
The adviser said she had a phone call with the client where she explained eligibility and key matters. The Tribunal did not accept this. It noted the call was mentioned late in the process and did not match the records or earlier statements.
Based on the evidence, the Tribunal found that someone had discussed eligibility and visa requirements with the client, but it was not the licensed adviser. It was likely unlicensed individuals.
The Tribunal upheld the part of the complaint about ‘rubber stamping’. It found that the adviser did not have direct, personal contact with the client, and this breached the Code duties to act professionally and diligently, and personally obtain and carry out the client’s informed and lawful instructions.
The Tribunal said it is not enough for an adviser to make sure only licensed people do the main work. The adviser must personally get instructions by talking directly with the client and must take charge of the work from start to finish.
Read the decision: