DISCIPLINE COMMITTEE OF THE IMMIGRATION CONSULTANTS OF CANADA REGULATORY COUNCIL
Panel:
Georges Boissé, Public Representative, Chairperson
James Kwaateng, Member
Satpaul Singh Johal, Member
Between:
Immigration Consultants of Canada Regulatory Council
Jordan Glick for
Immigration Consultants of Canada
Regulatory Council
And
Ana Carolina Perdomo, R508943
ICCRC File No. CD.2015.196
Date of Hearing:
January 30, 2017
Date of the Reasons for the Decision: March 3, 2017
_______________________________________________________
Reasons for Decision
Introduction
The complaint was heard by conference call of a panel of the Discipline Committee of the three
members listed above, on January 30, 2017. The panel reviewed and discussed the written submissions
of the parties provided to the panel before the hearing.
Also attending the conference call was Carla Gelbloom, Complaints and Professional Standards
Administrator.
IMMIGRATION CONSULTANTS OF CANADA REGULATORY COUNCIL
CONSEIL DE RÉGLEMENTATION DES CONSULTANTS EN IMMIGRATION DU CANADA
Page 1 of 4
Discipline Committee Decision and Reasons
ICCRC File No.#
CD. 2015.196
Agreement of the Facts
The Parties submitted an agreed statement of the facts:
1. On September 29, 2014, the Complainant and her mother consulted with Ana
Carolina Perdomo (the “Member”). The Complainant was charged $200 for this
initial consultation.
2. On October 20, 2014, the Complainant retained the Member to assist with her
sponsorship application and her mother’s permanent residency application. The
Complainant signed a retainer agreement whereby she agreed to pay $5000 for
these services. The Complainant paid the Member $2500 to begin work on these
applications.
3. The Member completed the Complainant’s sponsorship application. On January
9, 2015, the Complainant signed her completed sponsorship application.
4. On January 22, 2015, the Member sent the Complainant’s application to
Citizenship and Immigration Canada (“CIC”).
5. On February 12, 2015, the Complainant terminated work with the Member on her
mother’s application with the understanding that the Member would continue to
work on the Complainant’s application.
6. By letter dated February 17, 2015, the Member informed the Complainant that
She was terminating the retainer agreement.
7. By letter dated February 24, 2015, the Member informed the Complainant that
the retainer agreement had been terminated and that a refund of $1000 would be
processed in the next 30 days.
8. Subsequent to the Member’s February 24, 2015 letter, the Complainant
attempted to call and e-mail the Member, but did not receive a timely response to
her inquiries.
9.
The Complainant subsequently learned that the application prepared and
submitted by the Member contained mistake and inaccuracies. The Complainant
requested that the Member fix these mistakes and the Member agreed to do so.
However, the Member did not correct the mistakes in the Complainant’s application.
10. The Member did not process the Complainant’s refund in the thirty day timetable
set by the Member in her February 24th letter. The full refund was not processed
until April 27, 2015.
11. By virtue of the above conduct, the Member admits to breaches of the following
sections of the Code:
IMMIGRATION CONSULTANTS OF CANADA REGULATORY COUNCIL
CONSEIL DE RÉGLEMENTATION DES CONSULTANTS EN IMMIGRATION DU CANADA
Page 2 of 4
Discipline Committee Decision and Reasons
(a)
Article 6.1.2 – Conducting client affairs in an efficient and cost-effective
manner;
(b)
Article 6.1.3 – Communicating with the Client at all stages of a matter in a
timely and effective manner;
(c)
Article 6.1.5 – Answering reasonable Client requests in a timely and
effective manner;
(d)
Article 6.1.8 – Adapting to changing laws, requirements, standards,
techniques, and practices.
ICCRC File No.#
CD. 2015.196
Minutes of Settlement
The following Minutes of Settlement was presented to the panel of the Discipline Committee:
1. The parties acknowledge and agree that the allegations as set out in the Agreed Statement of Facts
filed herewith are correct.
2. The parties jointly agree and submit that the penalty to be imposed by the Discipline Committee on
the Respondent Ana Carolina Perdomo (the “Member”) is as follows:
(a) The Member will be reprimanded as set out in Schedule “A” attached hereto, which shall be placed
in the Member’s ICCRC File for a period of 2 years from the date of the Discipline Committee’s Order;
(b) The Member shall complete one ICCRC Practice Management Education (“PME”) course on File
Management, such course to be completed by June 30, 2017;
(c) No later than July 1, 2017, the Member will file with the ICCRC Registrar a sworn declaration that she
has completed the PME course as set out in subparagraph (b) above;
(d) In the event that the requirements in subparagraphs (b) and (c) are not met by July 1, 2017,
the Member acknowledges that she will be in breach of the Order of the Discipline Committee
and may be investigated for having committed professional misconduct;
3. The Member acknowledges that the decision and the Order of the Discipline Committee will be
published on the register and in the public area of the ICCRC’s website.
Decision
After carefully reviewing the written submissions of the parties, the panel unanimously approved the
Joint Submission on Penalty. The panel found that the proposed penalty adequately addressed the need
for a general deterrence to the entire membership, as well as a specific deterrence to the Member. The
panel decided that the proposed penalty is reasonable and in the public interest.
IMMIGRATION CONSULTANTS OF CANADA REGULATORY COUNCIL
CONSEIL DE RÉGLEMENTATION DES CONSULTANTS EN IMMIGRATION DU CANADA
Page 3 of 4
Discipline Committee Decision and Reasons
ICCRC File No.#
CD. 2015.196
The panel commended the parties for reaching an agreement on both the facts and the proposed
penalty.
The Panel directs ICCRC’s Complaints and Professional Standards Administrator to insert each of our
electronic signatures in the signature lines at the end of the decision.
Discipline Committee Panel:
Georges Boissé, Public Representative Chairperson
James Kwaateng, Member
Satpaul Singh Johal, Member
IMMIGRATION CONSULTANTS OF CANADA REGULATORY COUNCIL
CONSEIL DE RÉGLEMENTATION DES CONSULTANTS EN IMMIGRATION DU CANADA
Page 4 of 4