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Search results

803 items matching your search terms

  1. [2021] NZIACDT 3 - DY v Parker (25 February 2021) [PDF, 219 KB]

    Sanctions / rubber stamping / adviser assigned task of creating business plan to unlicensed accountant employee /  adviser exercised overall control of immigration process but excused himself wholly from client relationship / Immigration Advisers Licensing Act 2007, s50, s51 / serious breach & adviser previously appeared before Tribunal for similar breaches / conduct not characterised by wilful defiance of Code or disciplinary process / conduct occurred at about same time as previous complaints / adviser acknowledged misconduct and has set out to change firm’s practices / publication of disciplinary decisions not a punishment / no refund / no evidence of distress to complainant / adviser censured & ordered to pay $4,500 penalty.
  2. [2021] NZIACDT 2 - IMH v Marica (4 February 2021) [PDF, 288 KB]

    Negligence / dishonest or misleading conduct / renewal of visitor visa / adviser failed to file renewal application on time due to mistake in file records / complainant not informed of mistake or unlawful status / whether adviser deliberately or innocently overlooked telling complainant about mistake / whether adviser entitled to rely on file record without checking /  Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e / adviser had numerous opportunities to tell complainant about mistake / concealment of error deliberate & misleading / adviser should have checked expiry date as some records so critical they must be checked / adviser failed to conduct herself with due care & in a  timely manner / period to lodge s 61 discretionary visa request too long / adviser’s workload or personal circumstances did not reduce her responsibilities to complainant / complaint upheld.
  3. [2021] NZIACDT 1 - HQT v Singh (15 January 2021) [PDF, 194 KB]

    Sanctions / rubber stamping / adviser failed to engage with complainant or his partner & left it to his staff to communicate with them / adviser involved behind the scene but absented himself completely from client relationship concerning substantive immigration work / Immigration Advisers Licensing Act 2007, s50, s51 / complaint related to only one client / adviser made an effort to learn from experience & improve business practices / adviser’s first appearance before Tribunal / adviser censured & ordered to pay $1000 penalty.
  4. [2020] NZIACDT 54 - DY v Parker (21 December 2020) [PDF, 282 KB]

    Rubber stamping / permitting unlicensed employees to perform immigration work / adviser assigned task of creating business plan to unlicensed accountant employee / Code of Conduct 2014, cl1, cl2a, cl2e, cl3c, cl7a / Immigration Advisers Licensing Act 2007, s44 / acceptable for adviser to delegate writing task but not overall client relationship / advisers lack skills & experience to draft business plans but must still control immigration process / adviser sufficiently engaged with preparation of plan & exercised overall control but excused himself wholly from client relationship / complaint upheld.
  5. [2020] NZIACDT 53 - ZG v Parker (16 December 2020) [PDF, 217 KB]

    Sanctions / rubber stamping / adviser relied on unlicensed persons to communicate with complainant / adviser’s relationship to employer gave rise to actual conflict / Immigration Advisers Licensing Act 2007, s50, s51 / complaint serious but adviser did not completely abandon complainant to his staff / adviser should have declined to act as unable to provide objective advice /  conduct aggravated by earlier complaint upheld against him / adviser accepts complaint, fully cooperated with disciplinary process & made changes to his practice / adviser censured & ordered to pay $4,500 penalty & refund complainant’s $2,500 deposit.
  6. [2020] NZIACDT 52 - TBE v Proudman (4 December 2020) [PDF, 202 KB]

    Dishonest or misleading behaviour / adviser falsely claimed INZ’s decision had not been made & then fabricated reason for decline of visa / Immigration Advisers Licensing Act 2007, s50, s51 / honesty a critical quality of a professional / adviser untruthful to client on multiple occasions / adviser refused to engage with Tribunal & dismissive of disciplinary process / no evidence adviser has learned her lesson / prohibition of licence renewal warranted given dishonesty & lack of explanation / adviser censured & ordered to pay $3,500 penalty / renewal of licence prevented for two years.
  7. [2020] NZIACDT 51 - NMS v Mercardo (3 December 2020) [PDF, 261 KB]

    Sanctions / negligence / adviser negligently advised complainant she could undertake work for two companies on visa limited to one company / Immigration Advisers Licensing Act 2007, s50, s51 / adviser’s negligence has serious consequences for complainant / high degree of carelessness / isolated incident / no evidence of any wider lack of skill or knowledge / training & measures undertaken to reduce risk of repeat error / appeal to IPT arose directly from adviser’s wrongdoing so can claim compensation for legal fees / other legal fees not claimable as unrelated to complaint upheld / no compensation for air tickets when family deported because too remote to be attributable to adviser’s wrongdoing / adviser bears some responsibility for family’s distress / adviser censured & ordered to pay $2,000 penalty & $7,433.50 compensation to complainant. Sanctions / negligence / adviser negligently advised complainant she could undertake work for two companies on visa limited to one company / Immi…
  8. [2020] NZIACDT 50 - KX v Ji (2 December 2020) [PDF, 225 KB]

    Dishonest or misleading behaviour / adviser failed to inform complainant visa was declined / adviser filed two requests for discretionary visas without complainant’s knowledge / Immigration Advisers Licensing Act 2007, s50, s51 / recent complaints about rubber stamping against adviser upheld / adviser actively deceived complainant / wrongdoing serious / wrongdoing only involved one client, did not involve financial gain & did not lead to any fraudulently obtained visa / not material that complainant was a friend of adviser / adviser acknowledged wrongdoing &  apologised / adviser censured & ordered to pay $4,000 penalty / adviser directed to complete training & full licence suspended until training complete.
  10. [2020] NZIACDT 49 - HQT v Singh (19 November 2020) [PDF, 309 KB]

    Rubber stamping / failure to personally engage with client & allowing unlicensed persons to perform immigration services / whether adviser personally undertook & controlled communication with complainant / complainant never met with adviser & only communicated with his staff / adviser involved behind the scene / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl3c / no evidence of carelessness or lack of due care / adviser did not delegate to staff work that could be regarded as immigration advice / adviser failed to personally engage with complainant / adviser absented himself completely from client relationship concerning substantive immigration work / complaint partially upheld.
  11. [2020] NZIACDT 48 - ED v Registrar (19 November 2020) [PDF, 242 KB]

    Rubber stamping / appeal against Registrar’s decision declining complaint / whether contemporary evidence showing direct communication between adviser & appellant before complaint made / appellant lodged complaint she had never received immigration advice from adviser & agreement did not mention adviser’s company received commission from an English language school / Registrar dismissed complaint on basis it disclosed trivial or inconsequential matter / Immigration Advisers Licensing Act 2007, s442, s451, s54  / Code of Conduct 2014, cl2e, cl 26c / no contemporary evidence of any communication between adviser & appellant before complaint raised / inadequate investigation as to use of unlicensed staff & undisclosed commission / appeal allowed.
  12. [2020] NZIACDT 47 - IK v Tian (3 November 2020) [PDF, 222 KB]

    Sanctions decision / negligence / numerous professional failures / adviser failed to provide complainant with written agreement, invoices, receipts / failed to confirm in writing applications lodged & make timely updates / failed to inform complainant student visa declined or consequences of decline despite numerous attempts by complainant to contact her / did not maintain a well-managed filing system / Immigration Advisers Licensing Act 2007, s50, s51 / third time complaint upheld against adviser by Tribunal / adviser appeared to have learned nothing from complaints & exhibited a pattern of unprofessional conduct / adviser continuously misled complainant about application / adviser did not fully participate in disciplinary process / no apology or remorse / censured & directed to complete further training / licence suspended until training successfully completed / ordered to pay penalty of $3,000.
  13. [2020] NZIACDT 46 - ZG v Parker (19 October 2020) [PDF, 357 KB]

    Rubber stamping / permitting unlicensed employees to perform immigration work / complainant dealt with adviser’s wife & unlicensed staff on immigration matters / conflict of interest / adviser a former director of complainant’s employer & still did work for it / employer controlled by  adviser’s father-in-law / Code of Conduct 2014, cl1, cl2a, cl2e, cl3c, cl7a / Immigration Advisers Licensing Act 2007, s44 / business structure not set up to rely on unlicensed persons / adviser met & personally communicated with complainant / adviser unprofessional in relying on unlicensed persons to communicate with complainant / adviser failed to personally obtain  instructions / adviser’s relationship to employer gave rise to actual conflict / adviser unable to provide objective advice & should have declined to act / disclosure of conflict & client’s consent does not absolve adviser from compliance with Code / complaint upheld.
  14. [2020] NZIACDT 45 - TTD v Zheng (14 October 2020) [PDF, 216 KB]

    Sanctions decision / dishonest or misleading behaviour / student visa / adviser filed with INZ letter from complainant’s employer to INZ falsely stating she had been granted leave to study in New Zealand & her position would be kept open / adviser did not know letter was false, but when falsity discovered by INZ adviser made untrue statement in explanatory letter to INZ / Immigration Advisers Licensing Act 2007, s50, s51 / Code of Conduct 2014, cl1, cl31 / adviser an unreliable & untruthful witness / no admission of wrongdoing or apology by adviser / Tribunal not satisfied adviser learned his lesson & protection of public requires removal from profession / adviser censured & ordered to pay $3,500 financial penalty / adviser prevented from applying for licence for six months.
  15. [2020] NZIACDT 44 - Registrar v Yoon (8 October 2020) [PDF, 259 KB]

    Rubber stamping / permitting unlicensed advocate to perform services of licensed adviser / adviser independent contractor to advocate & represented one of advocate’s clients / advocate sent correspondence to Ministers on client’s behalf / whether advocate’s correspondence with Ministers amounted to immigration advice / Immigration Advisers Licensing Act 2007, s7, s442 / Code of Conduct 2014, cl1, cl2e, cl3c / essential element is whether advocate using knowledge & experience in immigration in communications with Ministers / mere fact advocate communicating with Ministers not of itself use of knowledge & experience / complete absence of knowledge of immigration law in advocate’s communications / complaint a warning to adviser to ensure he has sole responsibility for advice, deals directly with client & has written client agreement / complaint dismissed.
  16. [2020] NZIACDT 43 - KX v Ji (5 October 2020) [PDF, 229 KB]

    Dishonest or misleading behaviour / work visa / adviser failed to inform complainant visa was declined / adviser filed two requests for discretionary visas / adviser failed to inform complainant requests were made & declined / when complainant asked for an update adviser either did not respond or told her INZ had not made a decision / whether adviser has been dishonest / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl26b / adviser’s communications with complainant dishonest & explanations fictitious / no evidence adviser had contacted INZ / adviser concealed decline & filing of discretionary requests / complainant not informed of what happened until 17 months after application declined / adviser failed to take instructions or update complainant / complaint upheld.
  17. [2020] NZIACDT 42 - NMS v Mercado (1 October 2020) [PDF, 270 KB]

    Negligence / residence under skilled migrant category / complainant a manager at one company and a personal assistant (PA) at another company / adviser advised arrangement acceptable provided there was an outsourcing agreement / work visa sought & granted limited to PA role so residence declined / whether adviser negligent in advising complainant she could undertake work for two companies on visa limited to one company / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / adviser should have known outsourcing agreement not acceptable / no reasonable basis for adviser to believe complainant just doing PA work /  a professional adviser would not have advised arrangement would meet visa condition / high degree of carelessness & serious consequences for complainant / disciplinary threshold met / complaint upheld.
  18. [2020] NZIACDT 41 - TBE v Proudman (30 September 2020) [PDF, 243 KB]

    Diligence / dishonest or misleading behaviour / student visa / whether adviser diligent in advising as to eligibility / failure to advise of decline in timely manner / whether adviser knew visa declined at time of decision & deliberately withheld it from complainant / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / advice as to eligibility not diligent / adviser dishonestly gave false reason for decline / adviser deceived complainant by pretending there was no decision / failure to update complainant on progress & notify him of decline in timely manner deliberate & dishonest / implausible adviser did not check progress or make inquiry of INZ / adviser did not engage with Tribunal / complaint upheld.
  20. [2020] NZIACDT 39 - IK v Tian (23 September 2020) [PDF, 213 KB]

    Negligence / numerous professional failures / student visa application declined due to insufficient funds / adviser failed to inform complainant of outcome of application or its consequences despite numerous attempts by complainant to contact her / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl5, cl18, cl22, cl23, cl26,  / adviser failed to enter into separate written client agreement with complainant & did not issue any invoices or receipts for payments made by complainant / adviser failed to keep a record of communications with the complainant or advice & did not advise complainant of outcome of applications or his unlawful status / complaint upheld.
  21. [2020] NZIACDT 38 - ZT v Li (18 September 2020) [PDF, 272 KB]

    Sanctions decision / negligence / complainant did not invest funds by deadline for residence under investment category / adviser negligent in missing deadline & failing to advise complainant need to invest / complainant sought $182,057.60 in compensation for loss of potential investment income, stress & anxiety & cost of bringing remedial action & complaint / Immigration Advisers Licensing Act 2007, s50, s51 / isolated act of negligence / first complaint against adviser since she was licensed 10 years ago / doubtful Tribunal has jurisdiction to award large sums of money / complainant could take court action for breach of contract / no provision for award of costs relating to Tribunal’s process but expenses in pursuing complaint in Authority recoverable / complainant entitled to cost of remedial action  & modest sum for stress & anxiety caused by delayed residence / adviser cautioned & ordered to pay $2,000 penalty / adviser ordered to pay $18,500 compensation to complainant.
  22. [2020] NZIACDT 37 - TTD v Zheng (7 September 2020) [PDF, 282 KB]

    Dishonest or misleading behaviour / student visa / adviser filed with INZ letter from complainant’s employer to INZ falsely stating she had been granted leave to study in New Zealand and her position would be kept open / whether adviser knew complainant had already resigned at time of filing letter with INZ / whether adviser’s explanation to INZ honest / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl31 / adviser’s conduct in guiding complainant to compile letter suspicious but no evidence refuting he did not know complainant had resigned before sending letter / false explanation given by adviser to INZ / professional person need not resign on knowing evidence filed false, but expected to help check by providing honest explanation to INZ / adviser should have terminated instructions instead of  sending letter with false statement / complaint upheld.
  23. [2020] NZIACDT 35 - NZQA (Seavor-Cross) v Jin (7 August 2020) [PDF, 197 KB]

    Dishonest or misleading behaviour / fabrication of academic transcript / essential skills work visa / adviser created course content document inserting school’s logo & a footer in order to speed up client’s application / document designed to look authentic & filed with NZQA / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl31a / form not its contents false / adviser’s conduct dishonest & misleading / adviser not motivated by personal gain but no defence / complaint upheld. Dishonest or misleading behaviour / fabrication of academic transcript / essential skills work visa / adviser created course content document inserting school’s logo & a footer in order to speed up client’s application / document designed to look authentic & filed with NZQA / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl31a / form not its contents false / adviser’s conduct dishonest & misleading / adviser not motivated by personal gain but no defence / com…
  24. [2020] NZIACDT 36 Y(O)R v Tian (7 August 2020) [PDF, 201 KB]

    Sanctions decision / negligence / numerous professional failures regarding multiple visa applications / failure to disclose in writing conflict of interest / failure to provide invoices or written client agreements to complainant / failure to confirm in writing applications lodged / failure to maintain well-managed filing system / Immigration Advisers Licensing Act 2007, s50, s51 / conduct a continuation of adviser’s poor professional engagement & record keeping / overwork did not mitigate wrongdoing / serious breach of code not to have written agreement & keep client updated / adviser appeared not to have learned from previous complaint / adviser censured, directed to enrol in professional practice course & ordered to pay $3,500 penalty.
  25. [2020] NZIACDT 33 - RV v Aiolupotea (27 July 2020) [PDF, 208 KB]

    Sanctions decision / negligence / dishonest or misleading conduct / adviser failed to inform complainant he was not eligible for citizenship & accepted money for application without undertaking any work / lack of proper file documentation / adviser failed to respond to INZ’s letter of concern & inform complainant visa declined / Immigration Advisers Licensing Act 2007, s50, s51 / misconduct serious / adviser found to be dishonest & negligent / dishonesty for personal gain / adviser gave no explanation or apology & showed no remorse / adviser censured & prevented from reapplying for licence for 2 years / adviser ordered to pay penalty of $7,000 & refund fees of $5,150.