Search Results

1. Green v De'Ath [2018] NZIACDT 43 (1 November 2018) [pdf, 220 KB]

   ...they did not know of the need for a Variation. [31] The statement of complaint lodged by the Registrar with the Tribunal on 29 June 2016 alleges breaches of the Code by Mr De’Ath in the following respects: (1) Failing to explain the summary of licenced immigration advisers’ professional responsibilities to the client and advising him how to access a 6 full copy of the Code before entering into a written agreement, as required by cl 17(b) of the Code. (2) Failing to ensure...

2. [2023] NZIACDT 17 - NG v Murthy (24 May 2023) [pdf, 227 KB]

   ...– (a) Provide a written apology to the complainant. (b) Provide an undertaking to the Tribunal to seek disclosure from Immigration NZ in similar cases in the future. 4 (c) Is audited in six months to ensure ongoing compliance. (4) Any licence application be declined until Ms Murthy has complied with the conditions. (5) Compensation of $2,500. [12] In further comprehensive submissions (7 May 2023), Mr Small seeks a refund of $2,200 on behalf of the complainant, but no lo...

3. Form-5-Deportation-Appeal-Cancelled-Refugee-and-Protected-Person.pdf [pdf, 435 KB]

   ...Tribunal will rely on the last address you gave to communicate about the appeal. Step 3. Your representative’s details If you do not have a representative, you do not need to complete this step. Note: Only a lawyer, licensed immigration adviser, or a licence-exempt person can act as a representative. See the types of licence-exempt person below. Representative’s name: Title: Mr Mrs Ms Miss Mx Dr  Other (specify) Organisation name (if applicable):...

4. L v Kim [2015] NZIACDT 73 (04 June 2015) [pdf, 147 KB]

   ...Mr Kim and Mr Brian Lee are directors of that company. [3.2] The complainant discussed his immigration situation with Mr Lee, believing he was a licensed immigration adviser. Mr Lee is not a licensed immigration adviser, or exempt from holding a licence. The complainant had overstayed his visa in the United States of America (USA), been arrested and granted voluntary departure. He told Mr Lee of this history. [3.3] Mr Lee advised the complainant regarding his arrest for overstaying his...

5. S v Xue [2015] NZIACDT 58 (15 May 2015) [pdf, 188 KB]

   ...were dishonest as they had attempted to mislead Immigration New Zealand. The purpose of the advertisement was to promote Ms Xue’s practice. [10] If Ms Xue had published that advertisement, there could be little doubt the Tribunal would cancel her licence, impose the maximum period of disqualification, and apply a high monetary penalty. What occurred is one of the most egregious breaches of the professional standards imposed by the Act, which has come before the Tribunal. [11] However,...

6. CAC407 v Towers [2016] NZREADT 24 [pdf, 142 KB]

   ...Towers was aware of the hearing. In a file note dated 28 October 2015 Mr Gouvenour, REAA investigator, advised the Tribunal that Mr Towers had phoned him to advise that he had no intention of taking part in the process and would be surrendering his licence. According to the REAA records he has now surrendered his licence. The Tribunal Secretariat spoke to Mr Towers on the telephone in mid-October 2015 and advised 3 him of the hearing date and also received from him a note wri...

7. Complaints Assessment Committee 409 v Andrew Rankin [2017] NZREADT 78 [pdf, 186 KB]

   ...may impose under s 93 of the Act (these include censuring or reprimanding the licensee, and ordering the licensee to undergo training or education); [b] Impose a fine of up to $15,000; [c] Order cancellation or suspension of the licensee’s licence; [d] Order that the licensee pay compensation of up to $100,000 to any person who has suffered loss by reason of the licensee’s conduct. [12] In determining the appropriate penalty for misconduct, the nature of the misconduct wi...

8. Green v De'Ath [2018] NZIACDT 50 (13 December 2018) [pdf, 214 KB]

   ...51 Disciplinary sanctions (1) The sanctions that the Tribunal may impose are— (a) caution or censure: (b) a requirement to undertake specified training or otherwise remedy any deficiency within a specified period: (c) suspension of licence for the unexpired period of the licence, or until the person meets specified conditions: (d) cancellation of licence: (e) an order preventing the person from reapplying for a licence for a period not exceeding 2 years, or until the...

9. Complaints Assessment Committee 412 v Singh [2019] NZREADT 004 [pdf, 187 KB]

   ...Committee may make under s 93 of the Act (these include censuring or reprimanding the licensee, and ordering the licensee to undergo training or education); [b] Impose a fine of up to $15,000; [c] Order cancellation or suspension of the licensee’s licence. Submissions [19] Mr Simpson submitted for the Committee that Mr Singh should have been well aware that s 136 of the Act was engaged but, regardless of any reason why he did so, made loans to Mr Bidesi without taking any ste...

10. MG v Hu [2019] NZIACDT 33 (17 May 2019) [pdf, 118 KB]

    ...51 Disciplinary sanctions (1) The sanctions that the Tribunal may impose are— (a) caution or censure: (b) a requirement to undertake specified training or otherwise remedy any deficiency within a specified period: (c) suspension of licence for the unexpired period of the licence, or until the person meets specified conditions: 1 Immigration Advisers Licensing Act 2007. 6 (d) cancellation of licence: (e) an order prev...