KEY POINTS:
A government agency aimed at protecting migrants against fraudulent, corrupt and unethical immigration advisers opened its doors to the public yesterday.
But some industry practitioners are questioning the effectiveness and public perceptions of the Immigration Advisers Authority's independence and credibility.
"It looks good on paper, but I think trying to license offshore immigration agents in countries like China and India will be mission impossible," said an immigration consultant, who did not want to be named.
Allan Hughes, founder of Immigration Watch, a Kiwi Party-backed organisation, said migrants would also question the independence of the authority, as it comes under the umbrella of the Department of Labour, which also oversees Immigration New Zealand.
"Migrants are often afraid of making complaints because they feel it could jeopardise their visa applications," Mr Hughes, a former enforcement officer at Immigration New Zealand, said. "I'm sure many will question the independence of the IAA and how much of what they tell the authorities will eventually end up with Immigration NZ."
IAA registrar Barry Smedts acknowledged that the task of licensing immigration advisers around the globe would be "enormous", but said it was something that needed to be done.
"Previously, we have had something of a wild-west environment where anyone could call themselves an immigration adviser and offer advice whether or not they knew anything about immigration requirements," Mr Smedts said.
"Now we have a licensing regime in place that will not only protect vulnerable migrants, but also enhance the reputation of the industry."
He said the IAA was here to protect migrants and advisers alike, and "confidentiality was a top priority". Clients who came to the authority can do so with full confidence that it was "an independent body" which was set up to protect their interest.
The IAA will oversee the licensing of immigration advisers here and overseas and administer complaints against these advisers. The Immigration Advisers Licensing Act 2007, which came into effect on May 4 last year, requires all immigration advisers to be licensed.
Advisers here have until May 4 next year to get a licence, while off-shore advisers will have until May 4, 2010. After that, unlicensed agents face fines of up to $100,000 and/or imprisonment for up to seven years.
Chairman of the NZ Association for Migration and Investment Richard Howard says the establishment of the IAA is a positive and will help raise industry standards. "It will provide advisers with the professional competence, self belief and professional backing to demand that INZ similarly raise their standards," he said.