23 May 2013

Tongan overstayers upset visa scammer not jailed

8:43 pm on 23 May 2013

Tongan overstayers targeted by a visa scam are unhappy the woman responsible has escaped being sent to jail.

Khadijah Lolohea, a Tongan national, was sentenced in the Auckland District Court on Thursday to six months' community detention, 150 hours of community work and ordered to pay reparations of $6000.

The 38-year-old earlier pleaded guilty to nine charges of giving immigration advice without a licence.

Judge Singh said she had "ripped off" her victims, taking money on false promises of getting them visas to stay in New Zealand.

The judge told Lolohea she had been saved from prison by her bipolar disorder, early guilty plea and willingness to repay her victims.

But Tufui Fonua-Kama, a licensed immigration adviser helping some of the overstayers, says they are unhappy with the sentence.

"They were expecting imprisonment - it's not that they money they were after. She needed to be punished for what she has done.

"It's affected them physically, emotionally - they've lost a lot of money, they've lost a lot of faith in people, so it's actually taken a toll."

Immigration Advisers Authority registrar Barry Smedts says it is a lesson to only get advice from those allowed to give it.

"We recommend they use a licensed immigration adviser, a lawyer, someone from a Citizens Advice Bureau or a community law centre. They can even discuss their situation with Immigration New Zealand over the phone.

"But for goodness sake, don't use somebody who is unlicensed providing illegal immigration advice, because you're throwing your money away."

Mr Smedts says Lolohea's case was significant because it depended on convincing Tongan overstayers they would not be deported if they laid complaints.