In 2008, a consumer needs to find employment for his brother in order to meet immigration criteria. He pays $3,000 to a limited liability company for these services. He signs a disclaimer (since lost) that states that if there is any future problems with the job, the company he purchased the job from is not liable. He has not submitted his brother's papers a year later and the employer goes bankrupt. In addition, the limited liability company closes its doors a year later. The person who first arranged the business in 2008 has since started operating as a sole operator (since 2011). This person also held a professional licence from November 2010. A licence was not required prior to 2009. Today, how liable (if at all) is the person who first received the funds in 2008? If the consumer complained to the licence issuers, would they be able to justify any action?
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I think because the entities have become insolvent recovering the money is now impossible. Was that the issue? Or are you concerned about them still trading as Immigration Advisors-the answer may be the same if this happened before the licensing scheme came in to force.
The issue is that if the former client does not get a refund, then he may make a complaint against the person he dealt with who is now a licensed immigration adviser. What is the response of the Immigration Advisors Authority likely to be?
It may be worth complaining because even though this was before the act came into force, it does show either disorganisation or worse which may make them unsuitable to be a licenced advisor.
Problem is that I am the licensed adviser. A disclaimer was signed when the job offer was secured in 2008. Unfortunately it has since mysteriously gone missing.
is it worth making an offer, without any concession as to liability, to pay something?
That's what I was thinking too. Ethically, I still feel some responsibility even though legally I think it would be tough trying to pin something on me. It's a bit of an ask to accept a job offer and tell the employer you'll start in four years time. Especially if it also appears as though the job offer has been bought - which is frowned upon by immigration.
Sometimes settling avoids further complications such as a formal complaint, and even if not justified, you still have the cost and bother of dealing with this. It seems very unusual to keep a job open for 4 years-that just doesnt look good.
Yes, I think you're right. I will offer him a settlement amount. - Thanks
LLB MMgt FAMINZ 32 years qualified as lawyer
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