Here are the recent Tribunal Actions by the College. Visit the Disciplinary Proceedings and Tribunal page to view the full decisions.
• Ravinder Gandhi, of Gandhi Immigration Limited, in Brampton Ontario, had their licence suspended on an interim basis by the Discipline Committee upon the College’s motion related to 4 complaints. The firm controlled by the RCIC pled guilty to charges under the Ontario Immigration Act and, further, the RCIC was found to have personally contravened the provincial immigration laws. The RCIC failed to ensure the accuracy of information provided to the provincial authorities, failed to report regulatory penalties to the College, improperly used retainer agreements (service agreements) and used unauthorized representation, which charged unlawful or excessive fees and financially exploited clients. The committee found there were reasonable grounds to believe that an interim suspension was necessary to protect the public interest and maintain public confidence in the immigration consulting profession until a discipline hearing is held and a final decision is rendered. The committee ordered costs to be awarded to the College in the amount of $7,000 to be set by the committee hearing the matter on its merits.
The committee varied the Order to allow the RCIC to practise after receipt of a motion brought by the RCIC on the basis that they had identified an RCIC-IRB L3 licensee who is able and willing to supervise all elements of their practice. The College vetted and approved the supervisor on the following basis: as not having any open complaints or disciplinary history; the supervisor agreed to assume supervision (and, therefore, professional responsibility) for the RCIC’s practice; the supervisor agreed to act as a co-representative on all filings made by the RCIC and must review and sign off on all filings; and the supervisor must agree to oversee the RCIC’s accounting, invoicing and reconciliation of accounts.
• Kashif Khan, of Ride to Canada, in North York, Ontario, was suspended from practising as an RCIC for a period of 6 months following findings of professional misconduct by the Discipline Committee. The committee found the RCIC failed to identify and manage conflicts of interest arising from their simultaneous business relationships with a law firm, a recruiter, and the client. The RCIC also failed to obtain informed written consent from the parties, failed to enter into a signed written initial consultation agreement and retainer agreement (service agreement), failed to properly account for client funds, and failed to refund unearned fees following the termination of services. The RCIC entered into an Agreed Statement of Facts and Joint Submission on Penalty with the College related to their admissions and violations. The RCIC is ordered to refund the client $10,000, complete multiple Practice Management Education (PME) and Continuing Professional Development (CPD) courses, update their service agreements and business practices, pay a fine of $5,000 and pay costs to the College in the amount of $5,000.
• Affrin Alavi, of Alavi Immigration Inc., in Waterloo, Ontario, had their licence revoked by the Discipline Committee following findings of professional misconduct arising from 3 complaints. The committee found the RCIC failed to enter into retainer agreements (service agreements), charged fees for recruitment services, failed to deposit client funds into the client account, failed to provide competent immigration advice and services, failed to communicate regularly with clients, failed to account for or refund unearned fees, permitted unlicensed individuals to provide immigration services, and provided false or misleading information to the College. The RCIC entered into an Agreed Statement of Facts and Joint Submission on Penalty related to their admissions and violations. The committee ordered a 5-year prohibition on reapplying for registration, to pay a fine of $9,000 and pay costs to the College in the amount of $8,000.
• Amber Muneer, of Oakwoods Immigration Services Inc., in Mississauga, Ontario, appealed a Registrar Decision to revoke their licence for failure to pay annual membership fees to the Registrar Appeal Committee. The committee found that there was no error in the Registrar’s decision and, therefore, the Registrar’s decision was upheld, and the appeal was dismissed. Costs in the amount of $3,000 were awarded to the College.