Immigration: OISC hails collegiate working between regulators
The Office of the Immigration Services Commissioner (OISC) has praised the Bar Standards Board (BSB) and Solicitors Regulation Authority for their co-operation in shutting down an unregistered advice firm and having the barrister who supervised it disbarred.
The case revolved around Ebrahim & Co Asian Legal Advisory Centre, whose registration the OISC cancelled in September 2017 following complaints of poor service.
However, the company continued to work with clients on immigration matters under the supervision of barrister James Dean of Goldsmiths Chambers.
According to the OISC, the BSB decided such a supervision arrangement was legal. However, complaints of poor service against Ebrahim & Co continued and, following OISC lobbying, the BSB tightened up its rules barristers from supervising unregistered immigration advisers.
The BSB Handbook now prohibits it where OISC has refused or cancelled the adviser’s registration, or where the adviser is otherwise disqualified or prohibited.
Further, guidance the BSB issued in 2019 says: “Supervision by a barrister should not be used to circumvent the OISC regulatory regime and it would not be in the public or clients’ interest for you to supervise such individuals, as this would undermine the trust and confidence that the public places in you or in the profession.”
In 2020, Ebrahim & Co unsuccessfully appealed against the OISC decision to cancel its registration, and the First-tier Tribunal also ruled that a solicitor working for the firm could not legally supervise an unregistered immigration advice company.
The tribunal concluded that Ebrahim & Co must stop providing immigration advice and services, and directed an indefinite prohibition.
Finally, Mr Dean – who was called in 1977 – was disbarred by the Bar disciplinary tribunal in June. His practising certificate was suspended pending any appeal.
The full decision has not yet been published but, according to the BSB, the tribunal found he failed to act with honesty and with integrity by continuing to supervise immigration advisers at Ebrahim & Co in 2020, and then telling the BSB that he had stopped supervising them when he had not.
Immigration Services Commissioner John Tuckett said: “This case shows how important is for regulatory bodies to work together to prevent the exploitation of loopholes that may enable unregistered advisers to practise illegally.
“Our priority is to protect the public from fraudulent immigration advisers, to prevent crime, and take swift action when it occurs. Collegiate working will result in quicker action against unscrupulous operators who prey on vulnerable advice seekers.”
A BSB spokesman said: “Reporting incorrect information to the regulator, working with legal professionals who are not correctly registered and failing to act in the best interests of the client are all serious matters.
“The tribunal’s decision to disbar Mr Dean and to immediately suspend him from practice reflects that.”
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