Former barrister pleads guilty to providing illegal immigration advice

A former barrister is the latest in a spate of guilty pleas after providing unregulated immigration advice and services.

Khalil Hosenbux was convicted at Westminster Magistrates' Court, handed a conditional discharge for 18 months, and ordered to pay compensation in the sum of £2,050, prosecution costs of £1,020, and a victim surcharge of £15.

Hosenbux, a qualified barrister, was a regulated immigration adviser until his suspension on 15 May 2013 following disciplinary proceedings for professional misconduct brought by the Office of the Immigration Services Commissioner (OISC).

The OISC brought the disciplinary charge against Hosenbux for misleading a client and charging for work not done. The charge was approved by consent with a two-year prohibition and repayment of £1,180 in unreasonable fees imposed.

However, the court heard that the former barrister had failed to abide by the suspension and continued to practise by submitting a Home Office application on behalf of a client, without disclosing that he was disqualified from doing so.

Sentencing him, District Judge Roscoe said: 'I accept that this case is different from those normally before the court. You did have qualifications and knowledge of this type of work, but the other side of that is that you should have known better.

'In your favour your early guilty plea and admissions to the OISC have been taken into consideration. This is just one offence and not a continuing course of fraudulent conduct although quite clearly, you shouldn't have done it.'

Commenting on the ruling, immigration services commissioner, Suzanne McCarthy, said: 'We have clear standards outlining what we expect in terms of the fitness and competence of regulated advisers. Mr Hosenbux chose to operate outside the law.

'I am delighted with the outcome of this case, and I hope it sends a clear message to other people considering providing immigration advice either act within the law or you will find yourself in court.'

Unfortunately for the OISC it seems that many unqualified advisers are paying such warnings little or no attention, as the number of prosecutions and custodial sentences continue to rise.

As SJ reported just last week, Oscar Silva of Latin American Advice Centre Ltd, was also fined at Westminster Magistrates' Court after admitting to providing unregulated immigration advice, while Rais Nawaz Malik of Remedy Legal pleaded guilty at Birmingham Magistrates' court to two separate charges.

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