Question
A client in this situation may desperately want Raj to continue - they may not know anyone else and have no income to hire someone.
A client in this situation may desperately want Raj to continue - they may not know anyone else and have no income to hire someone. Considering ss 15(1) and 15(2), is this a situation where Raj could have Samesh consent in writing for Raj continue to be his Representative despite the conflict of loyalties Raj faces between the interests of Samesh and Devinder? Explain your answer.
Conflicts of interest
15(1)Subject to sections 16 to 18, a licensee must not provide immigration or citizenship consulting services to a client if doing so would or could result in a conflict of interest unless the licensee has disclosed the nature and extent of the conflict to the client in writing and the client provides free and informed consent in writing.
Duty to avoid conflict
(2)Despite subsection (1), a licensee must not provide immigration or citizenship consulting services to a client, even with their consent, if doing so would result in a conflict of interest, unless the licensee has reasonable grounds to believe that they are able to advise and represent that client without compromising
(a)their objectivity or the relationship of trust with any of their clients; or
(b)their duty of confidentiality towards any of their clients or former clients.
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