Ministry of Justice

Professional responsibilities and professional practice / misleading behaviour / follow instructions / Immigration Advisers Licensing Act 2007, s 442 / Code of Conduct 2014, cl 1, cl2e, cl17a, cl17b, cl17c, cl19e, cl19h, cl19i, cl19k, cl19l, cl19m, cl19n, cl22, cl26aiii, cl26aiv, cl26b, cl26c, cl26d / misled client about seeking reconsideration of declined application / failed to pass on to client, or respond to, requests for information from INZ / failed to provide draft residence application for review / also did not provide decline letter in timely manner or retain all INZ communications on file / failed to follow instruction to remove partner from application / failed to provide or explain professional standards and complaints documents / written services agreement lacked many Code requirements / did not confirm material discussions in writing / did not provide invoice for fees, disbursements / did not maintain well-managed file / complaint partially upheld / sanctions to follow

Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl18b / adviser did not explain all significant matters in written agreement to client / advising of ability ask questions does not discharge mandatory obligation to explain terms of agreement / explanation should be verbal, whether in-person or by videoconference or telephone / breach of cl18b / adviser accepted inadvertent failure to send draft visa application to complainant for review / confirmation of correctness by employer sponsor immaterial / obligation owed to client / adviser’s failure not primary cause of visa being declined / breach of cl1 / not proven that adviser dishonestly or falsely stated to client that draft application had been provided to client / honest but incorrect declaration not warrant further disciplinary response / no breach of cl1 / alternative negligence heads dismissed / complaint partially upheld / sanctions to follow

Sanctions / adviser failed to directly communicate or engage with client (‘rubber stamping’), breaching eight professional obligations / client a victim of immigration fraud / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl26ai, cl26aiii, cl26b, cl26d / direct engagement a fundamental obligation of advisers, failure enabled immigration fraud to occur / gravity of wrongdoing at upper end of moderate / third complaint in eight years of practice / adviser acknowledges wrongdoing and expresses remorse / further training unnecessary given appreciation of wrongdoing / formal prevention of adviser reapplying for licence unnecessary / adviser censured / financial implications of all sanctions decisions considered / ordered to pay $4,000 financial penalty /

Sanctions / adviser failed to directly communicate or engage with client (‘rubber stamping’), breaching eight professional obligations / client wound up as a victim of immigration fraud / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl26ai, cl26aiii, cl26b, cl26d / direct engagement a fundamental obligation of advisers, failure enabled immigration fraud to occur / gravity of wrongdoing at upper end of moderate / adviser fully acknowledges wrongdoing and expresses genuine remorse / further training unnecessary as adviser demonstrated appreciation of wrongdoing / formal prevention of adviser reapplying for licence unnecessary / adviser censured / ordered to pay $3,500 financial penalty

Sanctions / dishonesty, provision of false information and documents, failure to have services agreement and undisclosed conflict of interest / Immigration Advisers Licensing Act 2007, s19, s50, s51 / wrongdoing amongst most serious, comprising 26 heads of complaint, particularly given deceitful misleading of INZ / aggravated by complete absence of acknowledgement of serious wrongdoing and extensive disciplinary history involving more than five clients / numerous fundamental breaches of the Code / adviser’s medical condition lacks material connection to wrongdoing and appropriate sanctions / cancellation sanction of last resort / Tribunal has no confidence that training, mentoring or further suspension will protect public / cancellation reasonable and proportionate / adviser censured / licence cancelled / adviser prevented from any form of licensing for two years / ordered to pay $10,000 financial penalty / ordered to pay refund and compensation totalling $58,500 

Professional responsibilities and professional practice / rubber stamping / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl26ai, cl26aiii, cl26b, cl26d / adviser failed to maintain direct communications with client, could not communicate through unlicensed agent / breach of fundamental obligation to personally contract with and engage with visa applicant / adviser contributed to creating an environment for fraud to be perpetrated / failed to provide evidence of licence / failed to provide client opportunity to review INZ application / failed to personally confirm application lodged and provide timely updates / failed to retain visa application and records of communications / availability of visa application from INZ website immaterial to obligation to maintain records / however, no evidential foundation to indicate conflict of interest / alternative negligence heads dismissed / complaint partially upheld / sanctions to follow

Professional responsibilities and professional practice / rubber stamping / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl26ai, cl26aiii, cl26b, cl26d / adviser failed to maintain direct communications with client, could not communicate through unlicensed agent / breach of fundamental obligation to personally contract with and engage with visa applicant / adviser contributed to creating an environment for fraud to be perpetrated / failed to provide evidence of licence / failed to provide client opportunity to review INZ application / failed to personally confirm application lodged and provide timely updates / failed to retain visa application and records of communications / availability of visa application from INZ website immaterial to obligation to maintain records / however, no evidential foundation to indicate conflict of interest / alternative negligence heads dismissed / complaint partially upheld / sanctions to follow

Professional responsibilities and professional practice / adviser alleged to have been negligent or alternatively to have breached Code / complaint in relation to reasonableness of consultation fee for student placement application / Immigration Advisers Licensing Act 2007, s7, s442, s50A / Code of Conduct 2014 / consultation for student placement application did not constitute immigration advice / while the adviser’s services agreement contemplated future student visa application, no such application was made / complainant terminated adviser’s services upon receiving offer of study / no visa advice provided / no visa application drafted or submitted / scope of work not within immigration advice disciplinary jurisdiction / complaint dismissed

Sanctions / adviser committed 12 breaches of 11 professional obligations / client the victim of immigration fraud / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl17a, cl17b, cl17c, cl18a, cl18b, cl26aiii, cl26d, cla2b / HELD / Tribunal denounces failure to directly engage with client (‘rubber stamping’), alongside failure to have written service agreement signed by client / three complaints upheld against adviser, treated as third appearance / totality of sanctions considered / Tribunal acknowledges adviser was inexperienced, only holding provisional licence at time of breaches / upper end of moderate gravity of wrongdoing / adviser offered no apology, though acknowledges significance of wrongdoing and has implemented practices to prevent repeat and regularly undertakes professional development / further training unnecessary / adviser censured / compensation not sought / adviser ordered to pay $4,000 financial penalty

Sanctions / adviser breached nine professional obligations / client wound up as a victim of immigration fraud  / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl14, cl17a, cl17c cl18a, cl18b, cl20a, cl22 and cl26b / HELD / Tribunal denounces failure to have written agreement before undertaking work, along with excessive fee and numerous other breaches of Code / three complaints upheld against adviser, treated as first appearance / Tribunal accepts adviser was inexperienced, only holding provisional licence at time of breaches / moderate gravity of wrongdoing / adviser offered no apology, though acknowledges significance of wrongdoing and has taken comprehensive steps to prevent repeat / adviser has implemented practices to prevent repeat and regularly undertakes professional development / further training unnecessary / adviser censured / compensation not sought / adviser ordered to pay $3,000 financial penalty

Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl17a, cl17b, cl17c, cl18a, cl18b, cl26aiii, cl26b, cl26d / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by licensed adviser (‘rubber stamping’) / breaches of cl1, cl2e / failed to provide evidence of being licensed / breach of cl14 / failed to provide professional standards and complaints procedure / breaches of cl17a, cl17b, cl17c / failed to provide copy of visa application prior to lodgement / breach of cl1 / failed to provide service agreement, major departure from expected standard: Tian v TA [2024] NZDC 2759 / breach of cl18a / failure to maintain and provide complete file / breach of cl26aiii / filing system not well-managed / breach of cl26d / failed to advise of lodgement of application / breach of cl26b / no evidence of dishonesty / alternative charges of negligence dismissed / complaint partially upheld / sanctions to follow

Sanctions / adviser failed to directly communicate or engage with client, breaching seven professional obligations / client wound up as a victim of immigration fraud  / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22, cl26aiii, cl26b/ HELD / eight identical complaints against adviser an aggravating factor / direct engagement a fundamental obligation of advisers, failure enabled immigration fraud to occur / serious consequences for client / failure to have written services agreement with client a major departure from expected standards / gravity of wrongdoing at high end of moderate / limited remorse / adviser censured and Tribunal denounces breaches of Code / further training unnecessary as adviser has implemented practices to prevent repeat / ordered to pay $4,000 financial penalty

Sanctions / adviser failed to directly communicate or engage with client (‘rubber stamping’), breaching six professional obligations / client wound up as a victim of immigration fraud / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22, cl26b / eight identical complaints against adviser / direct engagement a fundamental obligation of advisers, failure enabled immigration fraud to occur / serious consequences for client / gravity of wrongdoing at high end of moderate / limited remorse / adviser censured / Tribunal denounces breaches of Code / further training unnecessary as adviser has implemented practices to prevent repeat / ordered to pay $4,000 financial penalty