Legal wranglings in the works

Dear Mrs Ffolkes-Abrahams,

My friend here introduced me to her friend who resides in Ontario. She is an immigration consultant and a member of the Canadian Society of Immigration (CSIC).

August last year the consultant visited Jamaica. My friend arranged with her to discuss options for me to migrate to Canada.

She said the total cost would be CDN$5,000 for processing but it could be paid in instalments. She said I needed to proceed quickly with the funds as she would have submit the contracts in batch when she returns to Canada.

I sent her CDN$1,500 as the first deposit in September 2009. She acknowledged receipt and said the applications were submitted to the HRSDC office for approval. She said it should take up to four months and she would have been contacted by that time.

In January 2010, having not heard a word, I tried contacting her phone, emails and through my friend with no success. A woman eventually answered her cell and said the consultant was out of town. She instructed me to leave a message which I did but still no response. My friend told me she received a text. She said she told the consultant to return the money.

The consultant in turn rudely responded to one of my mails that in six weeks time she would refund my money. That did not happen.

When she responded she said the HRSDC had not refunded her.

Is there anything I could do to recover that funds?

I am truly sorry you are experiencing so much trouble. I suggest you keep all of your correspondence with the consultant.

It appears you have a receipt for the money you paid. You should also have a cheque or money order to show how much you spent.

The consultant does not seem to be arguing you paid her. There may be a genuine delay in the processing, so you have to be sure this is not the case before you make a complaint. I would ask the consultant to clarify the timing of the application, whether it is still in progress or whether the application has been rejected and the matter is at an end. It is unfortunate the communication broke down.

Dissatisfaction with unscrupulous consultants has become known to the government and this month legislation was introduced. The new bill is called Cracking Down on Crooked Consultants Act.

The proposed act makes it a crime for those who are not authorised to provide immigration advice to charge a fee for their services. The government will also be selecting a body to govern and regulate consultants. When it is set up, you could complain to this regulatory body about unethical conduct and problems that you are experiencing.

As it now stands, you may contact the Canadian Society of Immigration Consultants, and complain to them about your situation. If you are dissatisfied with the result, the new legislation promises you could be helped further. However, the legislation has not yet been passed. I would wait a bit longer. If you are not satisfied with the results, the new legislation, if passed, would be an avenue where you could seek some assistance and redress. I hope that you can resolve your situation with the consultant as soon as possible.

Sharon Ffolkes-Abrahams is a barrister/solicitor of bars in Jamaica and Ontario, Canada. She is president of the Jamaican Diaspora Canada Foundation and former counsel at the Ontario Human Rights Commission. Email: info4immigration@gmail.com or editor@gleanerjm.com.