Immigration adviser praised for efforts to put right mistake

Immigration adviser Filipinas Rodriguez was praised for the work she had done on her professional development. Photo: Supplied
Immigration adviser Filipinas Rodriguez was praised for the work she had done on her professional development. Photo: Supplied
A Dunedin immigration adviser whose mistake resulted in an overseas worker being sacked on his first day has avoided punishment for her mistake.

Filipinas Rodriguez, a director of Dunedin Business Management Solutions and South Immigration Matters Ltd, was found to have breached legislation following an Immigration Advisers and Disciplinary Complaints Tribunal hearing in July.

Rodriguez faced the prospect of losing her licence, among the range of penalties available, but tribunal chairman David Plunkett, in a decision released at the end of last month, said no penalty was required.

''I do not see the need to punish, deter or denounce Ms Rodriguez's conduct,'' he said.

''This appears to be an isolated mistake by an otherwise experienced and competent adviser. The public to not need protecting from Ms Rodriguez.''

Rodriguez was contacted in April 2016 to help find a welder from overseas for an Auckland-based firm.

After a trip to Manila, she believed she had found her man.

But the man was a fabricator, who did not have the required experience to do the job.

He was granted a visa in October and arrived for his first day of work on January 17.

It also turned out to be his last day of work.

''I have no doubt that Ms Rodriguez simply did not appreciate the difference, which is really between fabrication by welding and fabrication without welding,'' Mr Plunkett said.

''While Ms Rodriguez was not dishonest, it is clear she did not exercise due care.''

Despite pointing out the adviser's mistakes, he was impressed by the efforts she had made since.

Rodriguez paid for the man's travel and attempted to help him find new employment.

She had reduced her workload, undertook regular professional development and had joined a local group of fellow advisers which met every quarter to discuss issues they had faced.

The Registrar of Immigration Advisers suggested the tribunal should fine Rodriguez $1000 for her indiscretion.

Mr Plunkett disagreed.

''She responded promptly and appropriately when first advised of the problem by the employer and then when notified of the complaint,'' he said.

''Ms Rodriguez has gone to considerable effort to upskill herself and I applaud her participation in the local study group. She does not need any retraining.''

rob.kidd@odt.co.nz

 

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