22 September 2011

Immigration Adviser Ordered To Pay $35,000

An Auckland immigration adviser who left a family essentially homeless and failed three other clients has been ordered to pay $35,000.

Artika Archina Devi was struck off the licensed immigration advisers register after four former clients complained to the Immigration Advisers Authority.

One couple were told jobs at a Marlborough vineyard had been secured only to turn up with their children to find the positions did not exist.

The family ended up living in a tent in Marlborough until the campsite proprietor lent them money for the return trip.

The Immigration Advisers Complaints and Disciplinary Tribunal decision stated:

“They were essentially put into the position of being homeless.”

“The Complainants and their three dependent children suffered financial hardship as a result of relying on the Adviser’s conduct. That was the result of relocating in reliance on the understanding they had obtained work permits and work and having to meet travel and accommodation costs.”

“The adviser’s conduct has been at best reckless. She presented an employment contract to vulnerable migrants, and had her clients execute it.”

The tribunal criticised the Manukau-based adviser for:

• causing serious harm through incompetence
• complete failure to fulfil professional engagement
• causing serious harm through the failure to provide adequate advice
• inexcusable and delinquent conduct.

Immigration Advisers Authority Registrar Barry Smedts said:

“This is a very sad case. This kind of behaviour is appalling and negligent beyond belief.

“Fortunately, the family were awarded compensation for their ordeal because they used a licensed immigration adviser. By using someone listed on our register of licensed immigration advisers, migrants have a better chance of getting justice and a place to go if their adviser acts inappropriately or illegally.”

Devi was ordered to pay a total of $35,171 to four unrelated complainants. The sum included penalties, a complete refund of fees and compensation for lost documents, loss of earnings and travel costs.

The director at Universal Immigration Services NZ Ltd also had her licence cancelled and is banned from reapplying for a full licence for two years.

Universal Immigration Services NZ Ltd was formerly known as Fast Track Immigration Services Limited and Sunita Immigration and Employment Services Limited.

ENDS

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