Tuesday, May 1, 2007
The days of shady immigration agents ripping off unsuspecting migrants with impunity are over, says Immigration Minister David Cunliffe.
Parliament has passed the Immigration Advisers Licensing Act, which requires the mandatory licensing of all immigration advisers and provides stiff fines and imprisonment for unlicensed agents.
"Migrants, their communities and the 90 per cent of immigration advisers who are reputable will welcome this legislation," said Mr Cunliffe.
Mr Cunliffe gave credit to his predecessors as immigration minister, Lianne Dalziel and Paul Swain, who did the groundwork for his introduction of the legislation in December 2005.
"The call for the regulation of immigration advisers came from migrants," Mr Cunliffe said.
"Migrants who had been ripped off, who had been told lies, who had money and documents stolen after putting their trust in an agent and were then let down – often when their application or appeal was not lodged or important information from Immigration New Zealand was not passed on to them.
"These shonky operators also provide fraudulent documentation to immigration officials – often knowingly. Now they can either get out of business or face the consequences."
The new law makes it an offence to provide immigration advice without a licence, unless exempt. Offenders face a fine of up to $100,000 and or seven years in jail.
The law also includes offshore advisers, who will be required to be licensed one year after their local counterparts. Three years from when the law receives the Royal Assent, all offshore immigration advisers must be licensed.
It provides for the establishment of the Immigration Advisers Authority within the Department of Labour, headed by an independent registrar, and the Immigration Advisers Complaints and Disciplinary Tribunal within the Ministry of Justice.
To obtain and hold a licence, advisers must meet competency standards and be "fit" to practise. This includes consideration of any previous convictions.
"As a local MP, I have seen the destructive effect of unqualified immigration advice on the lives of constituents," said Mr Cunliffe. "This new law will enhance New Zealand's reputation as a migrant destination."
