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808 items matching your search terms

  1. Zhang & Cao v Chen [2018] NZIACDT 47 (16 November 2018) [PDF, 153 KB]

    Jurisdiction / registrar referred incompetence as ground of complaint / complainant raised negligence & dishonest or misleading behaviour as grounds for complaint / registrar did not refer additional grounds / complainant claimed registrar omitted additional grounds / tribunal requested registrar review grounds & she affirmed them / Immigration Advisers Licensing Act 2007, s45 / Code of Conduct 2014, cl9, cl16 / tribunal had no jurisdiction to consider additional grounds / inappropriate to refer matter back to registrar in interests of finality / adviser incompetent / complaint upheld
  2. Govind v Chandra [2018] NZIACDT 46 (15 November 2018) [PDF, 260 KB]

    Failure to have written agreement / lack of care / adviser requested character waiver in advance of visa application / adviser charged fee but had no written agreement / Immigration Advisers Licensing Act 2007, s50 / Code of Conduct 2014, cl9, cl16 / request for character waiver a simple error which did not justify disciplinary action / adviser did not knowingly bring application that could not succeed / no written agreement so fee should be refunded / complaint upheld.
  3. INZ (Carley) v De'Ath [2018] NZIACDT 45 (13 November 2018) [PDF, 213 KB]

    Rubber stamping / allowing unlicensed people to manage visa application process / failure to personally obtain instructions or written agreement / adviser director of company recruiting Filipino workers / adviser had little or no contact with clients / adviser made certain information available on template forms with opportunity of electronic communications / applications handled by employee in Philippines / Code of Conduct 2014, cl1, cl2e, cl3c, cl18, cl26a / Immigration Advisers Licensing Act 2007, s442 / adviser gave no advice / adviser reliant on unlicensed employee to assist clients with applications & initiate relationship / letter of engagement inadequate discharge of personal obligation / rapid growth of business no justification / no systematic or deliberate breach of code / adviser overlooked personal obligations & failed to appreciate narrowness of clerical work exception / adviser failed to exercise due diligence & care / complaint upheld
  4. INZ (Foley) v De'Ath [2018] NZIACDT 44 (6 November 2018) [PDF, 273 KB]

    Unprofessional & disrespectful communications with INZ / dishonest & misleading advice / adviser made many complaints of serious misconduct against INZ staff with no supporting evidence / adviser complained staff not fulfilling their role / complaint against one officer for misinterpreting employer’s statement / adviser advised client with job offer to travel under visa waiver programme / INZ alleged adviser used complaint procedure inappropriately to lodge malicious, threatening & unprofessional complaints / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / complaints officers not performing their role not outside complaints procedure / adviser honestly believed client treated unfairly & some merit to complaint / officer made honest mistake / adviser’s complaint unwarranted & unprofessional but not malicious / adviser’s correspondence with INZ intemperate, abrasive & accusatory / adviser did not intend advice to be dishonest or misleading / complaint upheld
  5. Green v De'Ath [2018] NZIACDT 43 (1 November 2018) [PDF, 220 KB]

    Breach of professional obligations & Immigration Advisers Licensing Act 2007 / failure to have written agreement / failure to advise of professional responsibilities & keep proper written records / employer engaged adviser’s firm to provide a farm worker / worker needed a variation condition due to INZ investigation / worker ceased work but was still living on farm before variation granted / Code of Conduct 2014, cl1, cl2e, cl17, cl18, cl19 & cl 26 / Immigration Advisers Licensing Act 2007, s442 / adviser accepted breaches but submitted complaint should be dismissed because it related to procedural deficiencies / adviser failed to appreciate worker not employer was his client / failure a significant breach which led to multiple violations / complaint upheld.
  6. Xu v Tian [2018] NZIACDT 42 (26 October 2018) [PDF, 186 KB]

    Negligence / dishonest or misleading conduct / failure to inform client of status of applications / failure to obtain instructions before submitting applications / INZ declined work visa & granted visitor visa to complainant / adviser got complainant to sign second work visa application without informing her first had been declined / second application declined / complainant claimed she did not know applications had been declined & she was in country illegally / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl26 / adviser negligent as to disclosures to complainant & failure to obtain instructions / insufficient evidence adviser misrepresented status of applications or nature of second application form / nature of form obvious / conduct not dishonest or misleading / adviser honestly believed work visa would be granted / lack of file notes or electronic records of conversations / complaint upheld