Date
9 September 2021
Sanction
Indefinite exclusion
Details
The CILEx Regulation Disciplinary Tribunal (DT) heard the following five charges of professional misconduct against Choice Dzviti:
1. Whilst an Associate member of CILEx, Choice Dzviti
- failed to maintain high standards of professional and personal conduct and justify public trust in herself, her profession and the provision of legal services, by engaging in conduct that could undermine or affect adversely the confidence and trust placed in her and her profession by her client, her employer, professional colleagues, the public and others, contrary to Principle 2, Outcome 2.2 of the CILEx Code of Conduct 2015;
and
- failed to behave with honesty and integrity, contrary to Principle 3, Outcomes 3.1 and 3.2 of the CILEx Code of Conduct 2015;
In that between 1 March 2014 and 30 April 2014, she dishonestly made false representations to a client, namely that £4,200 paid by him in cash would be used to pay the Home Office fee for his immigration application, when she knew this was untrue or misleading because an application for a fee waiver would instead be made on his behalf without his knowledge. In consequence, she was convicted on 1 February 2021 for an offence under s.1 of the Fraud Act 2006, for which she received a custodial sentence.
2. Whilst an Associate member of CILEx, Choice Dzviti
- failed to maintain high standards of professional and personal conduct and justify public trust in herself, her profession and the provision of legal services, by engaging in conduct that could undermine or affect adversely the confidence and trust placed in her and her profession by her client, her employer, professional colleagues, the public and other, contrary to Principle 2, Outcome 2.2 of the CILEx Code of Conduct 2015;
and
- failed to behave with honesty and integrity, contrary to Principle 3, Outcomes 3.1 and 3.2 of the CILEx Code of Conduct 2015;
In that between 12 July 2016 and 31 Dec 16, she dishonestly made false representations to a client, namely that she would submit an application for leave to remain on her behalf, when she knew this to be untrue. In consequence, she was convicted on 1 February 2021 for an offence under s 1 of the Fraud Act 2006, for which she received a custodial sentence.
3. Whilst an Associate member of CILEx, Choice Dzviti failed to act competently in the best interests of her client, by acting in matters where she did not have the right and was not authorised to act, contrary to Principle 5, Outcome 5.6 of the CILEx Code of Conduct 2015;
In that between 23 July 2015 and 31 January 2018, she provided immigration advice to five separate clients when she was not qualified to do so in accordance with s.84 of the Immigration and Asylum Act 1999. In consequence, she was convicted on 1 February 2021 for five offences under s.91 of the Immigration and Asylum Act 1999, for which she received a custodial sentence.
Further, between those same dates, Choice Dzviti provided immigration services to three clients when she was not qualified to do so in accordance with s.84 of the Immigration and Asylum Act 1999. In consequence, she was convicted on 1 February 2021 for three additional offences under s.91 of the Immigration and Asylum Act 1999, for which she received a custodial sentence.
4. Whilst an Associate, then Graduate member of CILEx, Choice Dzviti failed to understand and comply with the law and regulation applicable to her and placed others in breach of their regulatory requirements, contrary to Principle 4, Outcomes 4.1 and 4.3 of the CILEx Code of Conduct 2015;
In that between 18 November 2015 and 15 August 2018, in her capacity as a director of CS Law Ltd (later known as Cassons Law Ltd) Choice Dzviti consented to, connived in, or was negligent as to, that firm providing immigration services to ten clients when it was not qualified to do so. In consequence, Choice Dzviti was convicted on 1 February 2021 for an offence under s.91 of the Immigration and Asylum Act 1999, for which she received a custodial sentence.
5. Choice Dzviti
- failed to behave with honesty and integrity, contrary to Principle 3, Outcomes 3.1 and 3.2 of the CILEx Code of Conduct 2019;
and
- failed to comply with her legal and regulatory obligations and deal with her regulator openly, promptly and co-operatively Contrary to Principle 4, Outcome 4.1 of the CILEx Code of Conduct 2019;
In that she failed to declare to CILEx Regulation in writing at the earliest opportunity, when renewing her CILEx membership for the 2020 subscription year, and in her application for Fellowship via Work Based Learning, an investigation into her fitness to practise by another regulator, namely the Office of the Immigration Services Commissioner (OISC).
She provided to her regulator a false account of her prior conduct, a false explanation of the circumstances surrounding the OISC investigation and further, failed to disclose full details of the investigation when required to do so, in breach of Rules 11(1)(g) and 12(2) of the CILEx Regulation Investigation, Disciplinary and Appeals Rules 2015 and the CILEx Regulation Enforcement Rules 2018.
Outcome
The DT found the charges proven on the balance of probabilities and ordered Choice Dzviti’s immediate exclusion from CILEX membership for an indefinite period, with a direction that there be no application for readmission for a minimum of 10 years.
