A significant tribunal ruling has confirmed the cancellation of a registration for an immigration adviser and firm, following serious breaches of the Office of the Immigration Services Commissioner (OISC) code.
The case involves Mr Ali Rahmanyfar, the sole adviser at Anzan Immigration Lawyers, whose registration was annulled after a tribunal found his actions concerning asylum applications exceeded his professional competence. Mr Rahmanyfar’s registration cancellation by the OISC was upheld after a tribunal assessed that his work breached regulatory codes in a manner described as both extensive and severe.
District Judge Moan emphasised the persistent failure of Mr Rahmanyfar to recognise the limits imposed by his level 1 authorisation, raising concerns about his suitability for the role. Unlike reserved legal activities, immigration work is regulated under statutory authority, meaning individuals must be authorised by the OISC when they are not solicitors, barristers, or chartered legal executives. Level 1 advisers, such as Mr Rahmanyfar, are restricted to basic administrative tasks and are prohibited from handling substantive asylum work.
An investigation revealed that Mr Rahmanyfar gave unregulated advice and conducted work unsuitable for his authorisation level. A complaint by a client, identified as Mrs O, disclosed misleading practices, including an unnecessary requirement for advance payment before applying for asylum, which were found pointless and not beneficial to her claim.
Evidence indicated that the firm had submitted asylum applications over several years beyond its authorisation scope. Compounding the issues, Mr Rahmanyfar’s father, previously stripped of his registration in 2010 for similar breaches, was involved in Ms O’s case. Despite Mr Rahmanyfar’s assertion that he merely assisted the client with documenting her case and subsequent referral to a solicitor, the tribunal was not convinced of his integrity or honesty.
Throughout the appeal process, Mr Rahmanyfar maintained that his services fell within level 1, a position the tribunal found incorrect. The judge noted his failure to adequately address concerns about his practices and his lack of responsibility in providing appropriate service, as he should have redirected Mrs O to other qualified advisers. Furthermore, Mr Rahmanyfar’s application to the Solicitors Regulation Authority was criticised for omitting significant details, reinforcing doubts about his credibility.
Additionally, his father’s past prosecution for offering unregulated advice and the failure to disclose this on his application to become a registered foreign lawyer compounded the situation. The tribunal aligned with the OISC’s decision, deeming the breaches serious enough to affect Mr Rahmanyfar’s standing, with an order to refund £4,500 to Mrs O as directed by the OISC.
The tribunal’s decision highlights the critical importance of adherence to professional boundaries and regulations within the immigration advice sector. By upholding the cancellation of Mr Rahmanyfar’s registration, it underscores the necessity for advisers to operate within their authorised limits to maintain the integrity of legal services.
