Thursday 23 June 2011

Why Regulator Must Protect Immigrants

In the Report of the Advisory Committee on Regulating Immigration Consultants, the Committee noted that: "Most importantly, the public interest and the needs of immigrants and refugees would be kept at the forefront of the Committee's deliberations.". This report forms the basis for the establishment if the Canadian Society of immigration Consultants (CSIC).  One of the greatest challenges facing those involved in the self-regulation of immigration consultants is to place the public interest and the needs of immigrants and refugees at the forefront.  

The proposal to replace CSIC with ICCRC has nit placed at the forefront the public interest and the needs of immigrants and refugees.  Instead, the self-interest of immigration consultants, specifically those involved with CAPIC, have been at the forefront.  CAPIC is the immigration consultants' trade association that is now the proposed new regulator ICCRC.  

The public interest and the needs of immigrants and refugees is served by having high ethical and competency standards, and a fair and effective complaints and discipline mechanism for holding members accountable for misconduct.  The ICCRC has, as of now, no publicized rules or ethical standards, no paid Continuing Professional Development (CPD) requirements, and a complaints and discipline process that is under the control of ICCRC board, not independent experts knowledgeable of standards of professionalism.  

The emphasis of ICCRC is on the short-sighted needs of immigration consultants to lower costs, minimize standards to avoid harm to the members' business interests, and ensure ICCRC board members can control who and in what circumstances an immigration consultant is to be disciplined.  The result is in fact detrimental to the long-term interests of immigration consultants, who cannot compete on an equal footing with lawyers.  The Law Societies require high standards of professionalism and competency, have an independent disciplinary decision-making process, and possess a clear public protection mandate.  If you were an immigrant or refugee, would you choose to hire an immigration consultant with a regulator that protects immigration consultants, or one that protects immigrants?     
 

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