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Immigration and Protection Tribunal Annual Report 2022/2023 Judge Martin Treadwell Chair December 2023 2 Introduction The Immigration and Protection Tribunal was established under section 217 of the Immigration Act 2009 (the Act). Section 224A of the Act requires the Chair of the Tribunal to provide an annual report to the Minister of Justice, the Minister of...
...penalties of suspension have routinely been imposed by the Tribunal in cases involving instances of deception and falsification of documents by lawyers. (f) The only significant factor is Mr Morrison’s previously unblemished record in his lengthy career. [5] Mr Collins submitted that, as the seriousness of the conduct is the starting point in consideration of the relevant factors, the Tribunal must consider that the falsification of the Deed was not a minor or incidental matter....
...understanding of the outcome of the complaint. (b) Subject to any overriding duty to the Court, a lawyer's duty is to his or her client not the person on the other side of the dispute. (c) Mr [RN]’s duty was to his own client. He had no duty to protect and promote the interests of Mr [AT] or Mr [EC]. (d) Mr [RN] had been retained to consider his client's position, in the context of the available facts and the relevant law, to set out the legal position as he saw it and to...
...containing the mandatory items specified in the Code. The agreement sets out such critical matters as the services to be performed and the fees. It also provides notification to the client of the professional Code and the complaints process. It protects not just the client, but the adviser as well. [53] I uphold the fourth head of complaint. Mr Joseph is in breach of cl 18(a) of the Code. (5) Failing to maintain copies of all written communications between himself, the compl...
...decision maker considers it either necessary or desirable to do so, it inevitably follows that applicants are required to provide explanation of their circumstances. [60] The evidential burden on applicants should not, consistent with the consumer protection focus of the Act, be unduly onerous, but nor should the burden be negligible. [61] An applicant’s failure to lodge their application in time must be demonstrably linked to circumstances which, examined reasonably and carefully,...
...that he failed the fit and proper test. [56] The Stanley decision was one concerned with the assessment of fitness in connection to admission to the Roll of Barristers and Solicitors itself. [57] The Court undertook what was described as “a protective exercise focused on either the need for public protection or the maintenance of public confidence in the profession…” and declared “...the approach is not punitive”. [58] Nor need the current assessment be punitive. Howe...
...to the public because of the pattern of his offending. [32] Jacobsen7 was a worse case than the present because, although the practitioner commenced a rescue package to avoid her mother losing a loved holiday home, the practitioner failed to protect her mother’s interests, as she’d promised, and structured arrangements so she obtained personal benefit. Her mother suffered no financial loss. The practitioner had no prior disciplinary history and was remorseful. She admitted t...
...No party seeks an oral hearing. ASSESSMENT [39] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Client Care 2. A licensed immigration adviser must: a. maintain a relationship of confidence and trust with the client and provide objective advice … c. facilitate the provision of interpreters and translat...
...No party seeks an oral hearing. ASSESSMENT [35] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Client Care 2. A licensed immigration adviser must: a. maintain a relationship of confidence and trust with the client and provide objective advice … c. facilitate the provision of interpreters and translat...
...[35] No party seeks an oral hearing. ASSESSMENT [36] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Client Care 2. A licensed immigration adviser must: … 7 Section 51(1). 8 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] and [151]. 9 At [97], [101]–[102] a...