Ministry of Justice

Sanctions decision / rubber stamping / failure to have written agreement / adviser did not personally engage with complainant / adviser failed to exercise due diligence & care / incorrect information provided to INZ as to complainant’s work experience / almost $65,000 claimed in compensation / Immigration Advisers Licensing Act 2007, s50, s51 / no remorse, no apology & no apparent learning from wrongdoing by adviser / offloading client engagement to unlicensed person a serious breach / adviser a completely silent partner in relationship / filing incorrect information without checking it led to INZ’s adverse finding / adviser not to blame for INZ’s unjustified character finding / multiple breaches of Code / not the most serious form of rubber stamping / losses claimed did not arise from adviser’s professional violations / complainant suffered distress / adviser directed to complete further training / adviser censured & ordered to pay 2,500 financial penalty & $2,000 in emotional compens…

Sanctions decision / negligence / adviser did not make discretionary visa application until one year after being instructed / complainant in New Zealand unlawfully / no justifiable reason for delay / adviser did not advise complainant in writing that application had little chance of success / conduct neither professional, diligent or timely / Immigration Advisers Licensing Act 2007, s50, s51 / delay extraordinary & inexplicable / time of the essence given complainant’s unlawful status / adviser’s first appearance before Tribunal / adviser admitted wrongdoing / no evidence of actual prejudice to complainant / adviser cautioned & ordered to pay $1000 refund of fees to complainant

Negligence / dishonest or misleading conduct / failure to correctly advise client of eligibility for citizenship & provide proper documentation / adviser undertook to seek visitor visa and citizenship for complainant / no work done towards citizenship application & no documents on file despite charging fee / visitor visa declined / complainant not informed visa declined or that he was ineligible for citizenship / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl19, cl26, cl27 / adviser’s unexplained lack of proper file documentation, failure to advise complainant of eligibility & acceptance of fee dishonest / adviser failed to produce full file, provide full description of services & confirm oral advice in writing / adviser negligently failed to return family’s original documents to complainant / complaint upheld.

Dishonest or misleading conduct / lack of diligence & due care / complainant married husband twice, once in Samoa & again in New Zealand / adviser advised complainant to conceal Samoan marriage in application / adviser as JP certified police certificate before sighting it, then presented to INZ / adviser filed applications without necessary documents / Immigration Advisers Licensing Act 2007, s50, s51 / concealing marriage serious misconduct but not most egregious seen by tribunal / marriage genuine / no exploitation of vulnerable client / adviser perpetuating lies previously told by clients / adviser not driven by personal gain / certifying document of lesser gravity / document genuine / obligations concerning documents & file management not minor / adviser’s rehabilitation & personal circumstances favoured temporary removal / adviser censured, directed to take refresher course & suspended for 6 months / adviser ordered to pay $2,500 penalty & $7,465 refund of fees to complainant.

Rubber stamping / negligence / failure to have written agreement & complete file / residence application / adviser contractor for migration company operated by unlicensed person / adviser gave complainant’s file to unlicensed person to file with INZ / unlicensed person did not file application / adviser advised complainant application had been filed when it had not / Immigration Advisers Licensing Act 2007, s 442 / Code of Conduct 2014, cl1, cl2e, cl3c / cl18a / cl26 / cl28c / adviser’s responsibility to explain role & professional obligations to complainant compared to limited role of unlicensed person / failure to personally file application breached obligation to be professional, diligent & exercise due care / adviser failed to carry out complainant’s instructions / filing application not ‘clerical work’ / unlawful delegation intended by adviser but did not occur so no breach of cl3c / adviser’s professional obligation to complainant not company / complaint upheld.

Negligence / unsuccessful residence visa application / adviser miscalculated appeal period & appeal dismissed for being out of time based on out of date IPT guide / complainant arranged meeting with Citizens Advice Bureau & requested file / adviser provided key documents / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl26f / whether mistake could be made by competent, reasonable, prudent & diligent practitioner / mistake amounted to failure to exercise due diligence & care / isolated incident can still amount to a breach / reasonable for adviser to only provide key documents rather than full file given situation / carelessness or negligence not minor / prudent adviser would not have relied on hard copy IPT guide / correct period set out in INZ decision letter / prudent adviser would have consulted IPT website / complaint upheld.

Rubber stamping / facilitating immigration advice by unlicensed person / application for residence / complainant had no contact with adviser & exchanged messages with her unlicensed partner / adviser claimed she dictated messages to partner & he was merely performing clerical work / credibility issues / incorrect information provided to INZ as to complainant’s work experience / Immigration Advisers Licensing Act 2007, s 442 / Code of Conduct 2014, cl1, cl2e, cl3c, cl18c / adviser did not personally engage with complainant / adviser absent from written communications & meetings / complainant unaware adviser real author of messages & led to believe adviser’s partner responsible for application, not adviser / insufficient evidence partner gave advice / adviser engaged with application & was real author / adviser’s responsibility to check application correct / adviser failed to exercise due diligence & care / adviser failed to have written client agreement / complaint upheld.

Sanctions decision / dishonest or misleading conduct / acting unprofessionally / adviser withheld complainant’s NZQA assessment from INZ / adviser misrepresented to complainant why earlier visitor visa declined / adviser offered refund money for withdrawal of complaint / Immigration Advisers Licensing Act 2007, s50, s51 / adviser’s conduct dishonest / adviser deliberately deceived INZ & client / limited acknowledgement of wrongdoing / dishonesty not of worst kind / compensation claimed / not shown decline of visa arose from adviser’s wrongdoing / adviser censured / adviser’s first appearance before Tribunal / adviser prevented from renewing licence for 1 year / adviser ordered to pay $4000 penalty & $1298 for refund of fees.

Sanctions decision / providing false and misleading information to INZ / adviser ran a scam where he supplied clients with fake job offers from paper companies he controlled / Immigration Advisers Licensing Act 2007, s50, s51 / adviser’s misconduct most serious / adviser principal perpetrator of fraudulent scheme / conduct sustained and deliberate & brought regime into disrepute / adviser motivated by greed, admitted no wrongdoing & showed no remorse / fraud not an isolated incident / severest level of sanctions warranted to denounce conduct, deter similar conduct & protect public / adviser censured / adviser prevented from reapplying for licence for 2 years / adviser ordered to pay $10,000 penalty & $5,000 in costs & expenses.

Unprofessional and disrespectful communications with INZ / INZ initially declined client’s work visa / adviser sent emails to immigration officers expressing concern & criticising INZ / INZ made complaint that adviser’s communications were antagonistic, intimidating & not in proportion to issue / Immigration Advisers licensing Act 2007, s442 / Code of Conduct 2014, cl1 / adviser’s correspondence unprofessional but did not cross disciplinary threshold / adviser’s remarks about officers not malicious or offensive / some truth to adviser’s criticism & frustration understandable / criticism of public officials an important aspect of professional practice / complaint dismissed.

Negligence / failure to provide sufficient advice to enable complainant to make informed decision / failure to keep record of oral advice or confirm advice in writing / complainant a nurse who obtained New Zealand Diploma in Management (Healthcare) / complainant offered work as a caregiver & wished to apply for post-study visa / adviser advised relevance of qualification to role an issue but advice not recorded or communicated in writing / application declined because INZ not satisfied employment relevant to New Zealand qualification / complaint that adviser did not advise a backup plan should application fail / Code of Conduct 2014, cl1, cl2, cl26 / standard of work required by Code not excellence, but reasonableness / proper immigration advice given as no evidence to contrary / issue of whether qualification relevant to role critical & advice on issue should have been confirmed in writing / complaint upheld.

Negligence / lodging of falsely signed documents / absence of client agreement & proper file documentation / adviser offered complainant work for company he had an interest in / owner not aware of offer / adviser claimed to be acting on behalf of owner & instructed staff member to sign offer letter & employment agreement as owner / post-study work visa declined as employment agreement not valid / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl18a, cl26, 31a / conduct unprofessional but not negligent / adviser presented documents with false signatures / adviser instructed staff member to sign as owner rather than on behalf of owner / failure to inform owner not a mere oversight as adviser could have informed him / adviser failed to enter client services agreement / omission not a mere technicality or file management issue / adviser failed to properly document services / complaint upheld.

Appeal against registrar’s decision to reject complaint about fees / whether a dispute about fees justifies disciplinary proceedings / appellant unable to proceed with residence application and terminated agreement with adviser / adviser did not have to complete all contracted work / dispute about level of refund offered by adviser / Immigration Advisers Licensing Act 2007, s442, s54 / terms of engagement unclear / refund policy not compliant with Code / starting point as to fair refund is contractual fee agreed / dispute a contractual dispute not a disciplinary matter / not role of disciplinary processes to reconcile inconsistent contractual provisions / dispute could be resolved by the Disputes Tribunal / not clear fee charged not fair and reasonable / dispute did not cross threshold justifying disciplinary action / appeal rejected.