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832 items matching your search terms

  1. [2025] NZIACDT 17 – IX v Liu (26 February 2025) [PDF, 215 KB]

    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
  2. [2025] NZIACDT 16 – TX v Liu (26 February 2025) [PDF, 214 KB]

    Sanctions / adviser failed to directly communicate or engage with client, 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/ 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
  3. [2025] NZIACDT 15 – ZJ v Liu (26 February 2025) [PDF, 216 KB]

    Sanctions / adviser failed to directly communicate or engage with client, 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/ 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
  4. [2025] NZIACDT 14 - INZ v Ma (19 February 2025) [PDF, 248 KB]

    Professional responsibilities and professional practice / rubber stamping / adviser failed to directly engage with client or disclose conflict of interest in writing / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl5, cl7, cl14, cl18a, cl26aiii, cl26b, cl26d, cl31a / adviser doubted client personally signed documents, not professional or diligent to submit them to INZ without checking / failed to communicate directly with client, including providing a written services agreement, evidence of licence, visa application lodgement, or ongoing updates / rubber stamping / required to personally engage with client / inadequate written disclosure of conflict of interest about adviser’s husband offering employment / general broad disclosure insufficient, must specify nature of conflict / failed to maintain copies of communications with agent / complaint partially upheld
  5. [2025] NZIACDT 13 – HG v Liu (18 February 2025) [PDF, 108 KB]

    Sanctions / adviser failed to directly communicate or engage with client, 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, cl 22, cl26b / HELD / eight identical complaints against adviser / second appearance before Tribunal / 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 / no real remorse / adviser censured and Tribunal denounces breaches of Code / further training unnecessary as adviser has implemented practices to prevent repeat / ordered to pay $5,000 financial penalty
  6. [2025] NZIACDT 12 - XI v Liu (18 February 2025) [PDF, 208 KB]

    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 / first appearance before Tribunal / 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 / no real 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
  7. [2025] NZIACDT 10 – INZ v Li (14 February 2025) [PDF, 203 KB]

    Sanctions / adviser failed to directly communicate or engage with client, breaching 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, cl2a, cl2e, cl4a, cl8a, cl14, cl18b, cl26b, cl31a / HELD / two identical complaints against adviser / first appearance before Tribunal / serious consequences for client / wrongdoing at higher end of moderate in terms of gravity / adviser readily acknowledged wrongdoing and shows genuine remorse / adviser censured and Tribunal denounces lack of direct communication / further training unnecessary as adviser understands obligation to communicate directly with clients / ordered to pay $4,000 financial penalty  
  8. [2025] NZIACDT 11 - INZ v Li (14 February 2025) [PDF, 202 KB]

    Sanctions / adviser failed to directly communicate or engage with client, breaching 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, cl2a, cl2e, cl4a, cl8a, cl14, cl18b, cl 26b, cl31a / HELD / two identical complaints against adviser / in essence, second appearance before Tribunal / serious consequences for client / wrongdoing at higher end of moderate in terms of gravity / adviser readily acknowledged wrongdoing and shows genuine remorse / adviser censured and Tribunal denounces lack of direct communication / further training unnecessary as adviser understands obligation to communicate directly with clients / ordered to pay $5,000 financial penalty
  9. [2025] NZIACDT 09 – ZZ v Wen (10 February 2025) [PDF, 247 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl18b, cl22 and cl26b / HELD / adviser permitted anonymous unlicensed agent to perform work required to be undertaken by licensed adviser (‘rubber stamping’) / breach of cl2e / provided written agreement to Authority / unaware that complainant had not personally signed supporting document / however, failed to provide opportunity to review application / partial breach of cl1 / late provision of evidence of licence insufficient / breach of cl14 / failed to provide written agreement / breach of cl18a / failed to all explain significant matters / breach of cl18b / no relevant written communications / no breach of cl26iii / failure to provide on-going timely updates / breach of cl26b / obligation to confirm in writing material discussions did not arise / no breach of cl26c / alternative charges of negligence dismissed / complaint partially upheld / sanctions to follow
  10. [2025] NZIACDT 08 – JY v Wen (7 February 2025) [PDF, 175 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl14, cl17a, cl17c cl18a, cl18b, cl20a, cl22 and cl26b / HELD / adviser failed to send draft visa application prior to filing / complainant’s inexperience with English does not justify lack of verification / however, provided adequate information regarding visa category / partial breach of cl1 / did not provide services agreement until after visa approved / significant matters not explained / breaches of cl18a and cl18b / failed to provide timely invoice for services / failed to provide invoice for alleged resettlement purposes / breach of cl22 / fees charged not fair or reasonable / breach of cl20a / failed to provide evidence of licence and advise of responsibilities and complaints procedure / breaches of cl14, cl17a and cl17c / failed to advise of issues raised by INZ / breach of cl26b / alternative charges of negligence dismissed / complaint partially upheld / sanctions to follow
  11. [2025] NZIACDT 07 - INZ v Tran (22 January 2025) [PDF, 196 KB]

    Sanctions / adviser permitted unlicensed agent to perform work required to be undertaken by the licensed adviser / four heads of complaint involving seven breaches of Code / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl17a, cl17b, cl17c, cl18c / HELD / breaches of fundamental obligations to personally contract with and engage with visa applicant / adviser contributed to creating an environment for fraud to be perpetrated / moderate gravity of misconduct / first appearance before Tribunal / adviser expressed remorse albeit did not accept more serious breaches in explanation to Authority and made no submission to Tribunal prior to decision / offered no apology for more serious conduct, only certain failings / contrition not fulsome / breaches of core obligations warrant censure / adviser surrendered license / further training not required / refund or compensation not sought / adviser censured / ordered to pay $4,000 financial penalty
  12. [2025] NZIACDT 05 – YI v Liu (14 January 2025) [PDF, 160 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22, cl26aiii and cl26b / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by licensed adviser (‘rubber stamping’) / fundamental obligation to engage directly and personally / breach of cl2e / no services agreement / breach of cl18a / failed to provide evidence of licence / breach of cl14 / failed to provide client opportunity to review INZ application / breach of cl1 / declaration to INZ concerning advice “for” client not false or misleading / no breach of cl1 or cl31a / failed to personally confirm application lodged and provide timely updates / breach of cl26b / failed to provide complete record of communications / breach of cl26aiii / failed to issue invoice / breach of cl22 / retention of invoice not in issue / no breach of cl26aiv / alternative charge of negligence dismissed / complaint partially upheld / sanctions to follow
  13. [2025] NZIACDT 06 – DH v Liu (14 January 2025) [PDF, 252 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22, cl26aiii and cl26b / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by licensed adviser (‘rubber stamping’) / fundamental obligation to engage directly and personally / breach of cl2e / no services agreement / breach of cl18a / failed to provide evidence of licence / breach of cl14 / failed to provide client opportunity to review INZ application / breach of cl1 / declaration to INZ concerning advice “for” client not false or misleading / no breach of cl1 or cl31a / failed to personally confirm application lodged and provide timely updates / breach of cl26b / failed to provide complete record of communications / breach of cl26aiii / failed to issue invoice / breach of cl22 / retention of invoice not in issue / no breach of cl26aiv / alternative charge of negligence dismissed / complaint partially upheld / sanctions to follow
  14. [2025] NZIACDT 04 EI v Liu (14 January 2025) [PDF, 243 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22, cl26aiii and cl26b / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by licensed adviser (‘rubber stamping’) / fundamental obligation to engage directly and personally / breach of cl2e / no services agreement / breach of cl18a / failed to provide evidence of licence / breach of cl14 / failed to provide client opportunity to review INZ application / breach of cl1 / declaration to INZ concerning advice “for” client not false or misleading / no breach of cl1 or cl31a / failed to personally confirm application lodged and provide timely updates / breach of cl26b / failed to provide complete record of communications / breach of cl26aiii / failed to issue invoice / breach of cl22 / retention of invoice not in issue / no breach of cl26aiv / alternative charge of negligence dismissed / complaint partially upheld / sanctions to follow
  15. [2025] NZIACDT 03 IX v Liu (14 January 2025) [PDF, 240 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22 and cl26b / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by the licensed adviser (‘rubber stamping’) / fundamental obligation to engage directly and personally / breach of cl2e / no services agreement between adviser and complainant / breach of cl18a / failed to provide evidence of being licensed / breach of cl14 / failed to provide client opportunity to review INZ application / breach of cl1 / declaration to INZ concerning advice “for” client not false or misleading / no breach of cl1 or cl31a / failed to personally confirm application lodged and provide timely updates / breach of cl26b / failed to issue invoice / breach of cl22 / retention of invoice not in issue / no breach of cl26aiv / alternative charge of negligence dismissed / complaint partially upheld / sanctions to follow
  16. [2025] NZIACDT 01 – ZJ v Liu (13 January 2025) [PDF, 158 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22 and cl26b / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by the licensed adviser (‘rubber stamping’) / fundamental obligation to engage directly and personally / breach of cl2e / no services agreement between adviser and complainant / breach of cl18a / failed to provide evidence of being licensed / breach of cl14 / failed to provide client opportunity to review INZ application / breach of cl1 / declaration to INZ concerning advice “for” client not false or misleading / no breach of cl1 or cl31a / failed to personally confirm application lodged and provide timely updates / breach of cl26b / failed to issue invoice / breach of cl22 / retention of invoice not in issue / no breach of cl26aiv / alternative charge of negligence dismissed / complaint partially upheld / sanctions to follow
  17. [2025] NZIACDT 02 TX v Liu (13 January 2025) [PDF, 241 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22 and cl26b / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by the licensed adviser (‘rubber stamping’) / fundamental obligation to engage directly and personally / breach of cl2e / no services agreement between adviser and complainant / breach of cl18a / failed to provide evidence of being licensed / breach of cl14 / failed to provide client opportunity to review INZ application / breach of cl1 / declaration to INZ concerning advice “for” client not false or misleading / no breach of cl1 or cl31a / failed to personally confirm application lodged and provide timely updates / breach of cl26b / failed to issue invoice / breach of cl22 / retention of invoice not in issue / no breach of cl26aiv / alternative charge of negligence dismissed / complaint partially upheld / sanctions to follow
  18. [2024] NZIACDT 32 - XI v Liu (16 December 2024) [PDF, 237 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl4a, cl14, cl18a, cl22, cl26aiii and cl26b / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by the licensed adviser (‘rubber stamping’) / fundamental obligation to engage directly and personally / breach of cl2e / no services agreement between adviser and complainant / breach of cl18a / failed to provide evidence of being licensed / breach of cl14 / failed to provide client opportunity to review INZ application / breach of cl1 / declaration to INZ concerning advice “for” client not false or misleading / no breach of cl1 or cl31a / failed to personally confirm application lodged and provide updates / breach of cl26b / failed to provide written communications to Authority / breach of cl26iii / failed to issue invoice / breach of cl22 / retention of invoice not in issue / no breach of cl26aiv / complaint partially upheld / sanctions to follow
  19. [2024] NZIACDT 31 – HG v Liu (16 December 2024) [PDF, 158 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl4a, cl14, cl18a, cl22 and cl26b / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by the licensed adviser (‘rubber stamping’) / fundamental obligation to engage directly and personally / breach of cl2e / no services agreement between adviser and complainant / breach of cl18a / failed to provide evidence of being licensed / breach of cl14 / failed to provide client opportunity to review INZ application / breach of cl1 / declaration to INZ concerning advice “for” client not false or misleading / no breach of cl1 or cl31a / failed to personally confirm application lodged and provide timely updates / breach of cl26b / failed to issue invoice / breach of cl22 / retention of invoice not in issue / no breach of cl26aiv / alternative charge of negligence dismissed / complaint partially upheld / sanctions to follow
  20. [2024] NZIACDT 30 INZ v Li (6 December 2024) [PDF, 250 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2a, cl2e, cl4a, cl8a, cl14, cl18b, cl26b and cl31a / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by the licensed adviser (‘rubber stamping’) / fundamental obligation to engage directly and personally / breach of cl2e / provided false or misleading documentation to INZ concerning provision of advice to client, no evidence of wilful deception / breach of cl31a / forwarded client’s confidential information to unlicensed adviser / breach of cl4a / failed to provide evidence of being licensed and explain all significant matters / breaches of cl14 and cl18b / failed to provide client opportunity to review INZ application / breach of cl1 / failed to confirm application lodged and provide timely updates / breach of cl26b / failed to maintain relationship of confidence and trust / breach of cl2a / failure to facilitate interpreter-translator inapplicable a…
  21. [2024] NZIACDT 29 INZ v Li (6 December 2024) [PDF, 253 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2a, cl2e, cl4a, cl8a, cl14, cl18b, cl26b and cl31a / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by the licensed adviser (‘rubber stamping’) / fundamental obligation to engage directly and personally / breach of cl2e / provided false or misleading documentation to INZ concerning provision of advice to client, no evidence of wilful deception / breach of cl31a / forwarded client’s confidential information to unlicensed adviser / breach of cl4a / failed to provide evidence of being licensed and explain all significant matters / breaches of cl14 and cl18b / failed to provide client opportunity to review INZ application / breach of cl1 / failed to confirm application lodged and provide timely updates / breach of cl26b / failed to maintain relationship of confidence and trust / breach of cl2a / failure to facilitate interpreter-translator inapplicable a…
  22. [2024] NZIACDT 28 - EM v Ma (4 December 2024) [PDF, 214 KB]

    Sanctions / adviser permitted unlicensed agent to perform work required to be undertaken by the licensed adviser / no recorded written communications during engagement / eight breaches of Code / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl18b, cl26aiii, cl26b, cl26c, cl31a / HELD / breach of fundamental obligation of advisers to personally engage with visa applicant / enabling agent to deal exclusively with complainant contributed to creating an environment for fraud to be perpetrated despite attendance to substantive immigration issues / partial, rather than complete, ‘rubber stamping’ / moderate gravity of misconduct / second appearance before Tribunal / adviser apologised for misconduct / unclear whether adviser understands obligation to engage directly with client and document communications / no evidence of dishonesty / adviser censured / no modification to ongoing suspension order required / directed to undertake training / $5,…
  23. [2024] NZIACDT 27 - INZ v Tran (20 November 2024) [PDF, 230 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s45, s49, s50 and s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl17 and cl18b / HELD / adviser had little or no direct communication with client / agent could not sign service contract on client’s behalf in absence of disability or other compelling reason / client’s mother’s consent irrelevant / adviser must ensure client personally signs and understands contract / breach of cl18c and cl1 / permitted unlicensed agent to perform work required to be undertaken by the licensed adviser / ‘rubber stamping’ / failed to directly and personally inform the client and obtain informed instructions / breach of cl2e and cl1 / failed to provide evidence of licence to client / recording status as adviser in e-mail signature insufficient / breach of cl14 and cl1 / failed to provide client with summary and explanation of professional responsibilities, complaints procedure and Code / breach of cl17 / complaint upheld / sanctions to follow
  24. [2024] NZIACDT 26 – QN v Nandan (12 November 2024) [PDF, 227 KB]

    Sanctions / adviser failed to disclose in writing a conflict of interest to employee complainant and consequently did not obtain written informed consent to continued representation / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl5, cl6 / HELD / complainant aware of existence of conflict but may not have appreciated implications of conflict / adviser unable to provide independent advice to employee / gravity of wrongdoing properly assessed as lower end of moderate / adviser cooperated with Authority and Tribunal / adviser disputed breach at hearing but since expressed appreciation of wrongdoing / second appearance before Tribunal / previous complaint of limited relevance / adviser no longer practicing as immigration adviser, but consumer protection interests support need for general deterrence / claim for compensation failed to establish damages or losses arose due to complainant’s misconduct / adviser censured / ordered to pay $2,500 financial penalty
  25. [2024] NZIACDT 25 - EM v Ma (25 October 2024) [PDF, 244 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18b, cl26aiii, cl26b, cl26c and cl31a / HELD / dishonesty heads of complaint dismissed due to lack of complainant response / insufficient evidence to find written agreement not genuine, but among worst example of record keeping before Tribunal / breach of cl1 partially upheld / unauthorised delegation to adviser; one interview with complainant wholly inadequate / rubber stamping / breach of cl2e / failed to provide evidence of license / breach of cl14 / failed to explain all significant matters / breach of cl18b / no recorded written communications during engagement / breach of cl26aiii and c / failed to confirm application lodged and provide timely updates / breach of cl26b / incorrectly, negligently failed to declare assistance to INZ / breach of cl 1 and 31a / failure to notify INZ of adviser not false or deceptive misrepresentation of client / no breach of cl 29d / sanct…