Annex B
CASE STUDIES
(a) Case study: Refusal of registration
An application for registration by a sole trader
was refused because the adviser was unable to prove his right
to work in the UK. The application had been processed in the normal
way until a routine check identified that the applicant did not
appear to have the right to work in the UK. He was unable to provide
any evidence to the contrary, claiming he had lost his passport.
Although the adviser was refused registration, the Commissioner
offered him the opportunity to have his application reinstated
if, within two months of the refusal date, he was able to provide
a copy of his passport or a letter from the Home Office confirming
his status. No further documentation was received.
(b) Case study: Withdrawal of Exemption
During a routine audit a number of serious issues
came to light. The caseworker discovered that, although it appeared
that the organisation had once operated as a registered charity,
it was no longer doing so and was seeking promises of "donations"
of up to £460 in return for immigration advice. This was
was viewed as a fee and not a voluntary contribution. The organisation
was unable to provide its donation record book and would not allow
the caseworker access to its bank account records. On further
investigation the caseworker also discovered a number of other
irregularities. On the basis of the information available, the
Commissioner withdrew the right to remain in the Scheme.
(c) Case study: Refusal of continued registration
One organisation had its level of registration
reduced from Level 3 to Level 2 because the adviser was not deemed
competent to work at the higher level. It was, however subsequently
discovered that she had continued to represent clients at appeals.
Consequently the organisation's continued registration was refused.
(d) Case study: Reduction of levels—application
An adviser applied for registration at Level
3 but failed to demonstrate competence at that level, having taken
an OISC assessment. The caseworker informed the applicant accordingly
and explained that, after a short period of registration at Level
2, and subject to the adviser taking appropriate action to prove
his competence at Level 3, it would be possible to consider raising
him to the higher level. The adviser was obviously disappointed
and considered his proposed business would not be viable. After
further discussions with the caseworker, he agreed to work at
Level 2.
(e) Case study: An example of a prosecution
During 2002 an adviser was excluded from an
organisation that had applied for OISC registration. Thus he was
no longer registered by the OISC and was told to stop providing
immigration advice or services. He continued however to offer
advice. In 2004 he was convicted of 11 Section 91 offences and
sentenced to 60 days imprisonment.
(f) Case study: An on-going investigation
An adviser was refused registration in 2001.
He appealed this decision and that appeal was heard by the Immigration
Services Tribunal. The adviser has recently come to our attention
again in another part of the country and is alleged to be demanding
money with menaces on the back of advice that he has provided.
This has allegedly resulted in one instance, of an applicant miscarrying
twins, which was attributable to the stress of her situation.
Investigations continue.
(g) Case study: Joint investigation with the
Police and Trading Standards
This is an on-going case. An instance of unregulated
advice was reported to the OISC by local trading standards authorities.
He was distributing a circular to restaurants in the South West
stating if they needed staff from overseas he "was their
man". The adviser is being prosecuted on the back of evidence
of forged college certificates and other false documents.
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