Immigration Advisers Licencing Act: Update 2 Responce from the minister
This is what we got back from Dr Jonathan Coleman:
Dear Helen
Thank you for your letter of 26 November 2009 regarding the Immigration Advisers
Licensing Act 2007 ~the Act) and for setting out your concerns in such detail.
Firstly, I would like to reiterate that people (including both migrants and New
Zealanders) who provide immigration advice for free based on their personal experiences
in a way that is not systematic are not required to have an immigration adviser’s licence.
Indeed, the Act was designed to address the very concerns you have raised. If you do
not provide immigration advice systematically or for a fee, then you are not required to
have a licence, On this basis I do not share your concerns that this Act infringes on a
person’s right to free speech.
(note: In other words the IAA are lying through thier backsides in accordance with what Immigration Agents want by way of threatening people like me to stop giving out information for free).
Alternatively, if a person does wish to provide immigration advice systematically and
provides it on a not-for-profit basis, they may be eligible for not-for-profit status and a
waiver of the immigration adviser’s licence fee and levy. This would mean they could
obtain an immigration adviser’s licence for no cost other than the time taken to prepare
the application. You have noted that you have an outstanding reputation as an
immigration adviser, with 100 percent customer satisfaction. In this case, you are likely
to have good references for applying for an immigration adviser licence. The
Immigration Advisers Authority (the Authority) is available to assist you with more
information on how you could use your experience to apply for a hcence.
(I have never said I was an immigration adviser – because Im not and I don’t want to be. I would personally rather boil my head in a vat of acid that join this industry of lying shysters. And the IAA will not assist – I cant even get a letter out of them saying I can apply for free which is the first step in the application process – ive asked three times!)
I do not agree that the Act only protects the interests of licensed immigration advisers.
The Act was developed to protect the recipients of immigration advice, regardless of
whether the advice came from an ‘agent’ or any other person. A person does not have to
be a traditional ‘immigration agent’ to apply for and receive an immigration adviser
licence. This approach was intentional, given the diverse range of people who assist
others with immigration matters and the serious consequences for migrants of unethical
or incompetent advice. it is also the approach taken in other countries such as Australia.
I also note that many professional immigration advisers Increasingly operate their
businesses online. An online forum does not in itself indicate that the advice being given
Is informal.
Actually, the IAA will not take applications from people who are not agents, or will not be working for an agent. Once again, the IAA are not doing what they are supposed to do, and they are using this law to force people to pay for advice from thier members. Also, the IAA says giving advice on forums is OK, the minister does not. When are these people going to sort out thier stories – it looks pathetic!
I acknowledge that with any new piece of legislation there may be unintended
consequences that call for its revIew. I do not intend to review the Act immediately, as
the legislation is still very new and it takes time for new legislation to be widely
understood. However, i am very aware of your concerns and will consider them when
weighing up the need for any future review of the Act.
I also acknowledge your concerns regarding the Authority, including your concerns that it
has not provided adequate guidance on the meaning of the word ‘systematic’. It is the
role of the Authority to administer the Act as it is. It is not, for example, in a position to
redefine the legislation. The Authority is also new and a small organisation with a large
number of statutory functions. The Authority has placed advice on its website regarding
the definition of immigration advice and its staff are available to talk to you if you wish to
seek further clarification,
Except they refuse to clarify – so that pointless, but at least he will bear all this in mind at some future date. Thats progress I guess, and a lot more than the IAA are prepared to do.
You have raised several concerns regarding licensed immigration advisers, There is now
a formal mechanism for addressing such concerns. Any person may complain to the
Authority about a licensed immigration adviser. If you are concerned about the conduct
of a licensed immigration adviser, please make a complaint in writing to the Authority.
So basically, if migrants dont make a formal complaint it aint happening and I dont care about it.
I am unable to comment on whether or not you are providing immigration advice or
whether or not you are exempt. If you do consider that you provide immigration advice
and you do not fall within any of the exemptions, I would encourage you to apply for an
immigration adviser licence. If you wish to speak to someone at the Authority about this
please contact Zeenat Afiz, Team Leader Licensing Assessment, on 09-925 8722 directly.
So, back to square one becuase no-one can be arsed to look at what I have written and say whether it breaks the law or not, and why.
Debate on this issue is healthy and I thank you for your letter.
Yours sincerely
Hon Dr Jonathan Coleman
Minister of Immigration
At least this time they actually answered most of the points, rather than fobbing me off with standard propaganda, for which I am very grateful. I just dont get why they are completely unconcerend that the IAA is saying something completely different to them. Dr Coleman says I can give advice because it free, based on my personal experience, and I dont do it “systematically”. The IAA says I cant because I run a blog and therefore it is systematic. I think they need to sit down over a cup of coffee and get thier stories straight – I really do.
So based on this advice, as far as Im concered the IAA have compltely overstepped the mark in trying to shut bloggers up, and the minsiter confirms that I am not breaking the law by giving advice based on my personal experience. If the IAA disagrees – they need to take it up with him, becuase Im done pandering to the needs of a bunch of immigration agents who are still lying to migrants.
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Related posts:
- Immigration Advisers Licencing Act: Update 3 Responce from the opposition
- Immigration advisers licencing act: Update1
- Reply from the Minister.
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