Stirling adviser setenced for providing illegal immigration advice to Pakistani immigrants

16/04/2008

A Stirling adviser was sentenced today (April 16) at Southwark Crown Court for providing illegal immigration advice to "vulnerable" Pakistani immigrants, in exchange for money.

James McDonald, 60, who is not registered to provide immigration advice, first began providing illegal immigration advice in Edinburgh in 2005, but moved his fraudulent activities south of the border after becoming aware that the Office of the Immigration Services Commissioner (OISC) was investigating him.

His victims were all Pakistani nationals whose visas had expired. Two of the cases involved immigrants who were in detention at Yarlswood Immigration Detention Centre awaiting deportation. They had little or no command of the English language.

McDonald, from St Johns Street, Stirling, told his clients he worked on a 'no-win, no-fee' basis, but in fact he took money claiming it was for expenses. He took £1,000 from the Methodist Church of Great Britain, who provided financial assistance to one of the detainees at Yarlswood a Christian woman from Pakistan.

Despite initially pleading not guilty McDonald changed his plea to guilty. He was ordered to pay a £5,000 fine, £1,000 compensation and £5,600 prosecution costs.

An OISC spokesman said: "The victims in this case were vulnerable and in a muddled state of mind. Peddling illegal immigration advice is a serious matter and can ruin people's lives. If anyone has any information regarding illegal advisers please contact the OISC Complaints Team on 0845 000 0046."

The OISC currently regulates almost 4,000 advisers across the UK and provides a list of those allowed to give advice on its website - www.oisc.gov.uk

  1. The Office of the Immigration Services Commissioner (OISC) is an independent public body set up under the Immigration and Asylum Act 1999.
  2. Since 30 April 2001 it has been a criminal offence for an adviser to provide immigration advice or services unless their organisation:
    • has registered with the OISC;
    • has been exempted from registration by the OISC or ministerial order; or is otherwise qualified under the Immigration and Asylum Act 1999.
  3. The OISC is responsible for ensuring that all immigration advisers fulfil the requirements of good practice. The OISC is committed to the elimination of unscrupulous advisers and the fair and thorough investigation of complaints. While it does not regulate solicitors, it does take complaints against solicitors.
  4. For more information on The Open University's CPD programmes, visit: www.open.ac.uk/cpd
  5. For more information contact David Ward, Head of Communications and Stakeholder Engagement at the OISC, on 020 7211 1609.
  6. For more information on The Open University, contact Kath Hardwick, Media Relations Officer, on 01908 655026 or k.hardwick@open.ac.uk