Ministry of Justice

Dishonest or misleading behaviour / appeal against Registrar rejecting complaint / residence visa under skilled migrant category / adviser advised appellant he had sufficient points based on him having a level 7 qualification when he only had level 6 / appellant alleged adviser took money knowing he was ineligible for visa / Immigration Advisers Licensing Act 2007, s442, s451 / no evidence of dishonesty / both parties incorrectly assumed qualification at level 7 & adviser proceeded on that basis / adviser lacked due care in considering level of qualification but complaint not justified / appellant should have known level of qualification & adviser made partial refund / appeal rejected.

Negligence / dishonest or misleading behaviour / negligence / adviser concealed decline of visa application from complainant and the real reason for the decline / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl26b / adviser’s conduct dishonest and misleading / failure to provide updates and obtain instructions dishonest rather than negligent / gave false information about processing status of information / advice that complainant could work on interim visa negligent / complaint upheld.

Negligence / dishonest or misleading conduct / renewal of visitor visa / adviser failed to file renewal application on time due to mistake in file records / complainant not informed of mistake or unlawful status / whether adviser deliberately or innocently overlooked telling complainant about mistake / whether adviser entitled to rely on file record without checking /  Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e / adviser had numerous opportunities to tell complainant about mistake / concealment of error deliberate & misleading / adviser should have checked expiry date as some records so critical they must be checked / adviser failed to conduct herself with due care & in a  timely manner / period to lodge s 61 discretionary visa request too long / adviser’s workload or personal circumstances did not reduce her responsibilities to complainant / complaint upheld.

Rubber stamping / permitting unlicensed employees to perform immigration work / adviser assigned task of creating business plan to unlicensed accountant employee / Code of Conduct 2014, cl1, cl2a, cl2e, cl3c, cl7a / Immigration Advisers Licensing Act 2007, s44 / acceptable for adviser to delegate writing task but not overall client relationship / advisers lack skills & experience to draft business plans but must still control immigration process / adviser sufficiently engaged with preparation of plan & exercised overall control but excused himself wholly from client relationship / complaint upheld.

Dishonest or misleading behaviour / adviser falsely claimed INZ’s decision had not been made & then fabricated reason for decline of visa / Immigration Advisers Licensing Act 2007, s50, s51 / honesty a critical quality of a professional / adviser untruthful to client on multiple occasions / adviser refused to engage with Tribunal & dismissive of disciplinary process / no evidence adviser has learned her lesson / prohibition of licence renewal warranted given dishonesty & lack of explanation / adviser censured & ordered to pay $3,500 penalty / renewal of licence prevented for two years.

Dishonest or misleading behaviour / adviser failed to inform complainant visa was declined / adviser filed two requests for discretionary visas without complainant’s knowledge / Immigration Advisers Licensing Act 2007, s50, s51 / recent complaints about rubber stamping against adviser upheld / adviser actively deceived complainant / wrongdoing serious / wrongdoing only involved one client, did not involve financial gain & did not lead to any fraudulently obtained visa / not material that complainant was a friend of adviser / adviser acknowledged wrongdoing &  apologised / adviser censured & ordered to pay $4,000 penalty / adviser directed to complete training & full licence suspended until training complete.

Rubber stamping / failure to personally engage with client & allowing unlicensed persons to perform immigration services / whether adviser personally undertook & controlled communication with complainant / complainant never met with adviser & only communicated with his staff / adviser involved behind the scene / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl3c / no evidence of carelessness or lack of due care / adviser did not delegate to staff work that could be regarded as immigration advice / adviser failed to personally engage with complainant / adviser absented himself completely from client relationship concerning substantive immigration work / complaint partially upheld.

Sanctions decision / negligence / numerous professional failures / adviser failed to provide complainant with written agreement, invoices, receipts / failed to confirm in writing applications lodged & make timely updates / failed to inform complainant student visa declined or consequences of decline despite numerous attempts by complainant to contact her / did not maintain a well-managed filing system / Immigration Advisers Licensing Act 2007, s50, s51 / third time complaint upheld against adviser by Tribunal / adviser appeared to have learned nothing from complaints & exhibited a pattern of unprofessional conduct / adviser continuously misled complainant about application / adviser did not fully participate in disciplinary process / no apology or remorse / censured & directed to complete further training / licence suspended until training successfully completed / ordered to pay penalty of $3,000.

Sanctions decision / dishonest or misleading behaviour / student visa / adviser filed with INZ letter from complainant’s employer to INZ falsely stating she had been granted leave to study in New Zealand & her position would be kept open / adviser did not know letter was false, but when falsity discovered by INZ adviser made untrue statement in explanatory letter to INZ / Immigration Advisers Licensing Act 2007, s50, s51 / Code of Conduct 2014, cl1, cl31 / adviser an unreliable & untruthful witness / no admission of wrongdoing or apology by adviser / Tribunal not satisfied adviser learned his lesson & protection of public requires removal from profession / adviser censured & ordered to pay $3,500 financial penalty / adviser prevented from applying for licence for six months.

Dishonest or misleading behaviour / work visa / adviser failed to inform complainant visa was declined / adviser filed two requests for discretionary visas / adviser failed to inform complainant requests were made & declined / when complainant asked for an update adviser either did not respond or told her INZ had not made a decision / whether adviser has been dishonest / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl26b / adviser’s communications with complainant dishonest & explanations fictitious / no evidence adviser had contacted INZ / adviser concealed decline & filing of discretionary requests / complainant not informed of what happened until 17 months after application declined / adviser failed to take instructions or update complainant / complaint upheld.

Diligence / dishonest or misleading behaviour / student visa / whether adviser diligent in advising as to eligibility / failure to advise of decline in timely manner / whether adviser knew visa declined at time of decision & deliberately withheld it from complainant / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / advice as to eligibility not diligent / adviser dishonestly gave false reason for decline / adviser deceived complainant by pretending there was no decision / failure to update complainant on progress & notify him of decline in timely manner deliberate & dishonest / implausible adviser did not check progress or make inquiry of INZ / adviser did not engage with Tribunal / complaint upheld.

Negligence / numerous professional failures / student visa application declined due to insufficient funds / adviser failed to inform complainant of outcome of application or its consequences despite numerous attempts by complainant to contact her / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl5, cl18, cl22, cl23, cl26,  / adviser failed to enter into separate written client agreement with complainant & did not issue any invoices or receipts for payments made by complainant / adviser failed to keep a record of communications with the complainant or advice & did not advise complainant of outcome of applications or his unlawful status / complaint upheld.

Dishonest or misleading behaviour / student visa / adviser filed with INZ letter from complainant’s employer to INZ falsely stating she had been granted leave to study in New Zealand and her position would be kept open / whether adviser knew complainant had already resigned at time of filing letter with INZ / whether adviser’s explanation to INZ honest / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl31 / adviser’s conduct in guiding complainant to compile letter suspicious but no evidence refuting he did not know complainant had resigned before sending letter / false explanation given by adviser to INZ / professional person need not resign on knowing evidence filed false, but expected to help check by providing honest explanation to INZ / adviser should have terminated instructions instead of  sending letter with false statement / complaint upheld.