Arrest of immigration consultant sparks questions about why regulator didn’t act sooner

Valid questions and it remains to be seen whether the reforms to the ICCRC will prove effective or not:

Artem Djukic’s paralegal licence was revoked in April 2016 when he admitted to “misappropriating” $900,000 from two former clients of his immigration consulting business.

At the time, Djukic, 55, was facing 10 outstanding complaints related to his work as an immigration consultant and was barred from representing asylum seekers at the Immigration and Refugee Board (IRB)

But four months later, without resolving the complaints, the Immigration Consultants of Canada Regulatory Council (ICCRC) said Djukic could continue working as a consultant so long as he complied with a strict supervisory system.

According to the IRB, this was to include financial audits, monthly reporting requirements and open access to his books.

Based on these assurances, the IRB lifted its restrictions against Djukic and allowed him to again represent claimants at the board.

But ICCRC now tells Global News it did not have the authority it needed to properly monitor and investigate Djukic during this supervisory period.

It also alleges that over the past decade, Djukic, while running Soko Immigration Consulting Service, improperly took roughly $155,000 from six clients, encouraged dishonest and illegal conduct, and, in at least one case, provided advice that led to a client being deported.

And much of this alleged misconduct occurred while he was under the regulator’s supervision, according to a January decision from ICCRC that revoked Djukic’s licence to practice as a consultant,

Now, lawyers such as Darcy Merkur and Ravi Jain, chair of the immigration law section of the Canadian Bar Association, are asking whether the council shares any responsibility for Djukic’s alleged wrongdoing while under its supervision.

“I’m not impressed with their replies around how they supervised him,” Jain said. “I don’t think they did anything at all.”

Djukic arrested, charged with fraud

Djukic was arrested in January by Peel Regional Police and charged with defrauding the public in connection with an alleged $95,000 immigration scam.

The council denies it shares any blame for Djukic’s alleged actions, including while he was under its supervision, adding that recent decisions made against him show he is “ungovernable.”

They also say revoking Djukic’s licence in January and ordering him to repay the money he allegedly took is proof that changes to its complaints process over the past two years have worked. These include going from four to 23 full-time complaints investigators, hiring more experienced senior staff and prioritizing the most serious cases.

Djukic did not appear at the hearing when his licence was revoked and did not provide a defence against any of the allegations.

“Responsibility for his egregious behaviour and unprofessional conduct is his alone,” said ICCRC spokesperson Christopher May.

John Murray, ICCRC’s president and CEO, also says the regulator did its best to discipline Djukic in the past based on the information it had at the time.

But he acknowledged that, until very recently, the council’s discipline committee lacked the training and expertise it needed to deal with complex cases, adding that if the past complaints against Djukic were made today, they would be handled quicker and more effectively.

Murray also thinks the regulator was “set up to fail” by the government because it wasn’t given the same powers to investigate and monitor its members that other regulators were given, such as provincial law societies or colleges of physicians.

This lack of authority, Murray said, made it impossible for the council to protect the public and go after individuals such as Djukic.

“It’s fair to say that prior to 2018, the council did not have an efficient complaints and discipline process,” Murray said.

But ICCRC has always had the power to suspend or revoke a consultant’s licence due to misconduct.

Still, in 2017, when Djukic was found to have committed eight breaches of the council’s code of conduct, its discipline committee decided to keep him under supervision rather than revoke or suspend his licence.

Neither May nor Murray would explain why ICCRC decided to keep Djukic under supervision in 2017, although the ruling said he agreed to pay back the money he’d improperly taken.

This decision was made less than a year after the Law Society of Ontario revoked Djukic’s paralegal licence for admitting to “misappropriating” roughly $900,000 from two former immigration clients and using the funds for his own personal gain.

The law society ruling said Djukic showed no remorse for his “devastating” actions.

Refugee claimant felt ‘used’

Mirela Todorovic, her husband and two children hired Djukic in 2014.

Todorovic says Djukic guaranteed their refugee claim — based on fears of persecution for their Roma heritage — would be successful because he had “connections” and because he knew all the adjudicators at the IRB.

Djukic encouraged them to pay cash and didn’t provide a receipt, she said. The family says they agreed to pay Djukic $6,000 for his services, including representing them at the IRB, translating documents and preparing them for their hearing.

But other than processing their work and study permits, he did nothing for their asylum case, she said.

Todorovic wonders why ICCRC — knowing what it knew about Djukic’s past behavior and given his long history of complaints — didn’t revoke his licence sooner.

“Half of it was their fault,” Todorovic said. “Why didn’t they stop him?”

Pending changes to regulator

Djukic was the subject of at least 30 complaints between 2011 and 2018 while working as an immigration consultant. Sixteen of these complaints, including the six that led to his licence being revoked, resulted in disciplinary action, May said.

May did not provide information on the number of complaints made against Djukic in the 19 years he claims to have worked as a consultant before the council was created in 2011.

ICCRC says one of the reasons Djukic was able to engage in alleged wrongdoing while under its supervision is because it lacked the authority to properly investigate consultants.

But this will soon change, Murray said.

Legislation passed by the government last April — which will see ICCRC transition to a self-governing “college” similar to provincial law societies — provides enhanced protections for the public.

The legislation will give the college greater investigatory powers, such as the ability to compel consultants to provide testimony and evidence, as well as the legal authority to enter and search immigration consulting offices without obtaining a warrant.

It will also allow investigators to take action against former consultants and to work with law enforcement officials from other countries to go after alleged wrongdoing abroad.

But Jain says it’s not only about complaints. He thinks the requirements for becoming a consultant are insufficient to practice law, especially when appearing before the IRB..

The solution is for the government to require all immigration consultants to work under the supervision of a lawyer, Jain said, such as in the United States, where the practice of law is limited to lawyers.

“Criminal lawyers would be shocked if all of a sudden we said, look, you don’t need a law degree to practice criminal law,” Jain said.

The IRB, meanwhile, has called refugee and immigration law one of the most complicated areas of law.

Paul Aterman, a former head of the board’s immigration division, testified before Parliament in 2017 saying there’s a “big distinction” between the type of work done at the IRB — where representatives must examine and cross-examine witnesses, develop complex legal strategies and argue cases persuasively — versus helping would-be immigrants fill out forms.

But May believes consultants are qualified to appear before the board and that it’s unnecessary for them to be supervised by lawyers, adding that the government agrees with both of these points or it would have changed the rules when it passed its new legislation last year.

May also says the vast majority of consultants conduct themselves professionally, that most complaints the council receives are targeted toward a small group of problematic consultants and that once the new rules are in place, ICCRC will be able to go after these cases more aggressively.

The council is also strengthening its educational requirements by developing a post-graduate program for certification, creating a compensation fund for victimized clients and developing more stringent standards for consultants who appear before the IRB.

Source: http://globalnews.ca/news/6588042/immigration-consultant-arrest-regulator-supervision/

About Andrew
Andrew blogs and tweets public policy issues, particularly the relationship between the political and bureaucratic levels, citizenship and multiculturalism. His latest book, Policy Arrogance or Innocent Bias, recounts his experience as a senior public servant in this area.

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