Ministry of Justice

Appeal against Registrar rejecting complaint / immigration lawyer alleged adviser used copyrighted materials from third party organisations in contractual terms and conditions and various professional practice documents published on his website / Registrar rejected complaint under s 45 as there was no evidence of potential copyright infringement / Authority did not believe it nor Tribunal were correct organisations to make determinations as to copyright infringement / Immigration Advisers Licensing Act 2007, s45, s442 / potential breaches of copyrighted materials without consent do not fall within statutory definition of immigration advice / no client nor immigration matter / matters fall outside statutory complaint and disciplinary process / matters may be investigated as part of considering fitness of person for licensing albeit not be subject of complaint / immaterial that copyright holders have not complained or commenced proceedings in other fora / appeal rejected

Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl4(a), cl5, cl6, cl17b, cl19l and cl20a / adviser failed to send draft application to client before filing with INZ / relied on recruitment company to review application with client / failed to obtain written authority from client to disclose personal information to recruiting company / assurance from third party that it has authority from client insufficient / failed to explain professional obligations and significant matters in agreement / failed to disclose conflict of interest / tripartite agreement with recruitment company created potential conflict which required disclosure and client’s written consent / adviser’s fees excessive / application was uncomplicated and did not warrant fee significantly beyond market range / ‘no win, no fee’ model lawful but did not justify steep elevation in fee / exploitive fee / complaint upheld / sanctions to follow

Appeal against Registrar rejecting complaint / complaint adviser misled appellant by stating he was eligible for NZ job market, overestimating eligibility for resident visa / complaint adviser deceived him into believing that being “eligible” for resident visa  would enable him to secure employment / complaint adviser did not provide clear, documented advice about limits of eligibility / complaint regarding job search dismissed as undertaken by a different person in a different company under a separate contract / Immigration Advisers Licensing Act 2007, s45, s442 / appellant misunderstood advice provided by adviser / adviser did not communicate he was entitled to such visa / adviser explained that further steps would “enhance” eligibility / rejection from employers due to lack of work visa is a reflection of job market / regulatory breaches discovered did not justify disciplinary action / appeal rejected

Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl3a, cl8a, cl8c, cl13a, cl13c, c14, cl18a, cl22, cl24c, cl26e, cl29a / failure to engage with Authority and Tribunal / adviser failed to provide client evidence of being licensed / failed to provide written services agreement / failed to provide invoice / failed to act under direct supervision of supervisor under conditions of provisional licence / failed to inform client of being provisionally licensed / failed to inform client when her licence was suspended and provide a refund / failed to provide Authority client file / complaint upheld / sanctions to follow.

Professional responsibilities and professional practice / dishonesty / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl8a, cl8c, cl13a, cl13c, cl14, cl15a, cl17a, cl17b, cl17c, cl18b, cl19c, cl19m, cl19n, cl24a, cl24c, cl26b, cl26e / adviser dishonestly concealed failure to reply to INZ’s requests for information in response to work visa variation application / concealed decline of initial variation application / lodged second variation application without informing complainant, forging complainant’s signature in attempt to conceal earlier failures to respond to INZ / declined to engage with Authority and Tribunal / failed to send applications for complainant’s review prior to filing / no written service agreement / failed to act under direct supervision of supervisor under conditions of provisional licence / failed to inform client of being provisionally licensed and provide evidence of licence / complaint upheld / sanctions to follow

Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2a, cl2e, cl8a, cl8c, cl13a, cl14, cl18a, cl22, cl26a, cl26b, cl26d / adviser dishonestly filed application on behalf of client for tourism or holiday visa rather than work visa sought by client / subsequently provided client a fabricated work visa decline letter from INZ / failed to provide client draft visa application for review / failed to respond to INZ’s request for further information, resulting in declined application / failed to act under direct supervision of supervisor under conditions of provisional licence / failed to inform complainant of being provisionally licensed and provide evidence of licence / failed to provide services agreement / failed to obtain and carry out client’s instructions, provide timely updates, and provide invoice / failed to maintain well-managed filing system / complaint partially upheld / sanctions to follow

Professional responsibilities and professional practice / rubber stamping / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl12c, cl17b, cl17c, cl18b, cl20a / complaint against adviser and supervisor / complainant did not give evidence / breach of cl1 and cl2e / adviser insufficiently personally engaged with complainant nor sent draft application for review / Tribunal rejects evidence about claimed discussion as untruthful / breach of cl17b and cl18b / did not explain professional responsibilities or significant matters in agreement / breach of 20a / professional fee of ~$7,200 for accredited employer work visa application unfair and unreasonable / uplift for urgency not confirmed with client / uplift for work on holiday, high workload not justified / breach of cl1 / supervisor allowed adviser to charge extravagant fee / complaint not trivial / sanctions to follow.

Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl17b, cl18b, cl28c / alleged that adviser failed to properly explain financial requirements of visas / complainant provided out-of-date bank certificate for funds which no longer existed / evidence demonstrated adviser made considerable effort to explain financial criteria / no breach of cl1 / failed to verbally explain professional responsibilities / written summary insufficient / breaches of cl17b and cl18b / adviser failed to advise where to find assistance following termination / breach of cl28c / adviser engaged in additional work following provision of incorrect information by complainant / no refund warranted / no breach of cl24a and cl24c / complainant impliedly consented to third party knowing reasons for termination / no material breach in disclosure of information / no breach of cl4 / alternative negligence heads dismissed / sanctions to follow.

Sanctions / adviser failed to provide complainant’s police certificate to Immigration NZ in course of lodging visa application / lack of police certificate had significant impact on duration of complainant’s visa / adviser’s offer to apply for subsequent visa free of any service fee not an adequate solution, in breach of internal complaints procedure / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl24a, cl24c / three breaches of Code / first complaint against adviser / adviser declined to engage with Tribunal and expressed no remorse or apology / wrongdoing does not justify censure / adviser cautioned / low-level gravity of offending / adviser fined $1,000

Sanctions / adviser failed to directly communicate or engage with client (‘rubber stamping’), resulting in eight breaches of seven obligations in the Code / four clients involved, three primarily affected / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl17b, cl18b, cl26aiv, cl26b, cl26d / direct engagement a fundamental obligation of advisers / gravity of wrongdoing at upper end of moderate / adviser acknowledged wrongdoing but no apology offered / high workload no justification for failure to discharge professional obligations / adviser ordered to undergo training / adviser censured / ordered to pay $4,000 financial penalty

Sanctions / widespread failings in communications with client and INZ / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl17a, cl17b, cl17c, cl19e, cl19h, cl19i, cl19k, cl19l, cl19m, cl19n, cl22, cl26aiii, cl26aiv, cl26b, cl26c, cl26d / extensive wrongdoing, resulting in 12 breaches of 16 standards in the Code / moderate gravity of offending / most serious breaches involved grossly inadequate services agreement and failure to comply with client’s instruction to remove partner from residence application / adviser bears responsibility for decline of application notwithstanding INZ’s misapplication of policy / adviser acknowledged wrongdoing and made  considerable efforts to improve practice / adviser censured / no retraining necessary in light of steps taken / adviser fined $2,500 financial penalty / adviser ordered to pay $8,240.44 in compensation, reflecting costs of IPT appeal and relocation.

Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl5, cl6, cl19l, cl26f / complainant engaged adviser to seek visa for adult daughter / adviser incorrectly advised complainant that the client was beyond the dependence age and could only apply for a visitor, student or work visa / no evidence that client was unwilling to fund more expensive residence application / breach of cl1 / adviser failed to disclose entitlement to commission from private business school and obtain informed consent from complainant in writing / no eventual receipt of commission no defence / breaches of cl5 and cl6 / adviser failed to comply with complainant’s request for full client file / inappropriately required client to complete authority to send request for information to INZ / breaches of cl1 and cl26f / alternative negligence heads dismissed / sanctions to follow

Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl24a, cl24c / adviser failed to provide complainant’s police certificate to Immigration NZ in course of lodging visa application / lack of police certificate had significant impact on duration of complainant’s visa / breach of obligation to be professional and to exercise due care / adviser failed to promptly make fair and reasonable refund / adviser’s offer to apply for subsequent visa free of any service fee not an adequate solution, in breach of internal complaints procedure / breach compounded by failure to respond to complainant’s refund request within specified time frame / complaint partially upheld / sanctions to follow.