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Search results

837 items matching your search terms

  1. [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.
  2. [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.
  4. [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.
  5. [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.
  6. [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.
  7. [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…
  8. [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.
  9. [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.
  10. [2020] NZIACDT 32 - BV v Aiolupotea (27 July 2020) [PDF, 207 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 / 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.
  11. [2020] NZIACDT 34 ZT v Li (20 July 2020) [PDF, 340 KB]

    Negligence / dishonest or misleading behaviour / residence under investment category / complainant did not invest funds by deadline / adviser overlooked deadline & failed to remind complainant of it / alleged adviser falsely claimed she was unaware complainant had to complete both transfer & investent by deadline / whether sufficient evidence to establish adviser’s conduct dishonest or misleading  / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / proof of dishonesty requires cogent evidence / evidence ambiguous, inconsistent & unreliable / evidence did not unequivocally establish whether adviser knew deadline requirements / adviser negligent in missing delaine & failing to advise complainant need to invest / negligence complaint upheld.
  12. [2020] NZIACDT 30 - DMX v Guich (20 July 2020) [PDF, 113 KB]

    Sanctions decision / negligence / unsuccessful residence visa application / adviser miscalculated appeal period & appeal dismissed for being out of time / mistake amounted to failure to exercise due diligence & care / Immigration Advisers Licensing Act 2007, s50, s51 / failure to obtain residence had significant effect on complainant / adviser showed no remorse & does not seem to have learned from experience / adviser attacked complainant, Authority & Tribunal /adviser’s attitude to disciplinary process aggravated misconduct / isolated incident but mistake not merely an excusable human error / adviser cautioned, ordered pay financial penalty of $1,000 & refund of residence application fee of $1,600.
  13. [2020] NZIACDT 31 TOD v Registrar of Immigration Advisers (20 July 2020) [PDF, 318 KB]

    Negligence / appeal against decision of Registrar rejecting negligence complaint / work visa / INZ requested further information / adviser failed to provide information by due date due to a clerical error / work visa declined & appellant became unlawful in New Zealand / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / adviser accepted responsibility for mistake, offered two remedial options & refunded fees / breach of cl 1 but adviser’s professional response meant complaint did not meet disciplinary threshold/ appeal rejected.
  14. [2020] NZIACDT 29 - Immigration New Zealand (Carley) v Penty (6 July 2020) [PDF, 119 KB]

    Sanctions decision / rubber stamping / adviser took over arrangement with offshore company to provide immigration services to Filipino workers / system encouraged clients to deal with unlicensed persons / adviser failed to engage with clients / work carried out by staff amounted to immigration advice / previous complaint upheld regarding same arrangement / lack of written agreement with client / Immigration Advisers Licensing Act 2007, s50, s51 / rubber stamping a serious professional violation / adviser’s conduct not deliberate / adviser misunderstood scope of clerical work / adviser failed to engage with clients even after complaint had been made / misconduct continued after warning from INZ / adviser no longer licensed / financial penalties involve punishment but also deterrence / misconduct serious & systemic / adviser censured & ordered to pay $5000 penalty.
  15. [2020] NZIACDT 28 - XA v Hill (29 June 2020) [PDF, 208 KB]

    Sanctions decision / rubber stamping / failure to have written agreement / adviser did not personally engage with complainant / adviser failed to exercise due diligence & care / incorrect information provided to INZ as to complainant’s work experience / almost $65,000 claimed in compensation / Immigration Advisers Licensing Act 2007, s50, s51 / no remorse, no apology & no apparent learning from wrongdoing by adviser / offloading client engagement to unlicensed person a serious breach / adviser a completely silent partner in relationship / filing incorrect information without checking it led to INZ’s adverse finding / adviser not to blame for INZ’s unjustified character finding / multiple breaches of Code / not the most serious form of rubber stamping / losses claimed did not arise from adviser’s professional violations / complainant suffered distress / adviser directed to complete further training / adviser censured & ordered to pay 2,500 financial penalty & $2,000 in emotional compens…
  16. [2020] NZIACDT 27 - QM v Ng (24 June 2020) [PDF, 109 KB]

    Sanctions decision / rubber stamping / failure to enter into written agreement / adviser gave complainant’s application to unlicensed person to file with INZ /application not filed / failure to personally file application breached obligation to be professional, diligent & exercise due care / Immigration Advisers Licensing Act 2007, s50, s51 / adviser abandoned complainant & application to unlicensed person which amounted to serious misconduct / adviser committed multiple errors / adviser’s first appearance before Tribunal / adviser admitted wrongdoing & refunded fees charged to complainant / adviser ordered to complete training & prevented from reapplying for licence until this is completed / adviser censured & ordered to pay $2,000 penalty
  17. [2020] NZIACDT 26 - UO v Nukulasi (23 June 2020) [PDF, 102 KB]

    Sanctions decision / negligence / adviser did not make discretionary visa application until one year after being instructed / complainant in New Zealand unlawfully / no justifiable reason for delay / adviser did not advise complainant in writing that application had little chance of success / conduct neither professional, diligent or timely / Immigration Advisers Licensing Act 2007, s50, s51 / delay extraordinary & inexplicable / time of the essence given complainant’s unlawful status / adviser’s first appearance before Tribunal / adviser admitted wrongdoing / no evidence of actual prejudice to complainant / adviser cautioned & ordered to pay $1000 refund of fees to complainant
  18. [2020] NZIACDT 25 - RV v Aiolupotea (12 June 2020) [PDF, 164 KB]

    Negligence / dishonest or misleading conduct / failure to correctly advise client of eligibility for citizenship & provide proper documentation / adviser undertook to seek visitor visa and citizenship for complainant / no work done towards citizenship application & no documents on file despite charging fee / visitor visa declined / complainant not informed visa declined or that he was ineligible for citizenship / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl19, cl26, cl27 / adviser’s unexplained lack of proper file documentation, failure to advise complainant of eligibility & acceptance of fee dishonest / adviser failed to produce full file, provide full description of services & confirm oral advice in writing / adviser negligently failed to return family’s original documents to complainant / failure to respond to INZ’s letter of concern & inform complainant visa declined unprofessional / complaint upheld.
  19. [2020] NZIACDT 24 - BV v Aiolupotea (12 June 2020) [PDF, 117 KB]

    Negligence / dishonest or misleading conduct / failure to correctly advise client of eligibility for citizenship & provide proper documentation / adviser undertook to seek visitor visa and citizenship for complainant / no work done towards citizenship application & no documents on file despite charging fee / visitor visa declined / complainant not informed visa declined or that he was ineligible for citizenship / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl19, cl26, cl27 / adviser’s unexplained lack of proper file documentation, failure to advise complainant of eligibility & acceptance of fee dishonest / adviser failed to produce full file, provide full description of services & confirm oral advice in writing / adviser negligently failed to return family’s original documents to complainant / complaint upheld.
  20. [2020] NZIACDT 23 - Y(O)R v Tian (8 June 2020) [PDF, 135 KB]

    Negligence / numerous professional failures regarding multiple visa applications / failure to keep proper record of communications / failure to disclose conflict of interest / adviser did not inform complainant visas were declined / adviser continued to seek further documents after application declined / adviser received commissions from complainant’s son’s schools / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl5, cl6, cl9, cl18, cl22, cl26 / adviser required to disclose conflict of interest in writing & obtain written consent from complainant / application unsuccessful but not hopeless / failure to have written agreement a serious breach / adviser required to send an invoice & keep proper records / adviser misled complainant by continuing to seek further documents / failure to advise outcome could have serious consequences for client / advisor’s professional obligations not reduced due to personal relationship with client / complaint upheld.
  21. [2020] NZIACDT 22 - NJUM v VOLE (2 June 2020) [PDF, 137 KB]

    Dishonest or misleading conduct / lack of diligence & due care / complainant married husband twice, once in Samoa & again in New Zealand / adviser advised complainant to conceal Samoan marriage in application / adviser as JP certified police certificate before sighting it, then presented to INZ / adviser filed applications without necessary documents / Immigration Advisers Licensing Act 2007, s50, s51 / concealing marriage serious misconduct but not most egregious seen by tribunal / marriage genuine / no exploitation of vulnerable client / adviser perpetuating lies previously told by clients / adviser not driven by personal gain / certifying document of lesser gravity / document genuine / obligations concerning documents & file management not minor / adviser’s rehabilitation & personal circumstances favoured temporary removal / adviser censured, directed to take refresher course & suspended for 6 months / adviser ordered to pay $2,500 penalty & $7,465 refund of fees to complainant.
  22. [2020] NZIACDT 21 - Immigration New Zealand (Carley) v Penty (18 May 2020) [PDF, 169 KB]

    Rubber stamping / allowing unlicensed persons to provide immigration advice / adviser took over arrangement with offshore company to provide immigration services to Filipino workers / clients entered agreement with company which adviser did not sign / staff prepared, reviewed & compiled applications / staff assisted clients with applications & clients’ communications with staff not adviser / adviser had no contact with clients but for one initial Skype interview / previous complaint upheld regarding same arrangement / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl3c, cl18c / adviser operating system which encouraged clients to deal with unlicensed persons / adviser failed to engage with clients / not enough for adviser to inform clients about role & obligations, adviser must actually fulfil them / work carried out by staff amounted to immigration advice / adviser did not sign agreements & template agreements did not comply with code / complaint upheld.
  23. [2020] NZIACDT 20 - QM v Ng (14 May 2020) [PDF, 163 KB]

    Rubber stamping / negligence / failure to have written agreement & complete file / residence application / adviser contractor for migration company operated by unlicensed person / adviser gave complainant’s file to unlicensed person to file with INZ / unlicensed person did not file application / adviser advised complainant application had been filed when it had not / Immigration Advisers Licensing Act 2007, s 442 / Code of Conduct 2014, cl1, cl2e, cl3c / cl18a / cl26 / cl28c / adviser’s responsibility to explain role & professional obligations to complainant compared to limited role of unlicensed person / failure to personally file application breached obligation to be professional, diligent & exercise due care / adviser failed to carry out complainant’s instructions / filing application not ‘clerical work’ / unlawful delegation intended by adviser but did not occur so no breach of cl3c / adviser’s professional obligation to complainant not company / complaint upheld.
  24. [2020] NZIACDT 18 - UO v Nukulasi [PDF, 92 KB]

    Negligence / discretionary visa application under s61 / complainant in New Zealand unlawfully / complainant tried numerous times to contact adviser for update on application but received no reply / complainant did not provide necessary documents / adviser did not make application until one year after being instructed / adviser sent application to Minister instead of INZ / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl9 / adviser made no real effort to remind complainant to produce documents / complainant at risk of being deported & delay risked prejudicing any chance of him succeeding with application / no justifiable reason for delay / conduct neither professional, diligent or timely / sending request to Minister not negligent or unprofessional / delegation not exclusive / request had little chance of success & adviser should have advised complainant of this in writing / complaint upheld.
  25. [2020] NZIACDT 19 - DMX v Guich (11 May 2020) [PDF, 112 KB]

    Negligence / unsuccessful residence visa application / adviser miscalculated appeal period & appeal dismissed for being out of time based on out of date IPT guide / complainant arranged meeting with Citizens Advice Bureau & requested file / adviser provided key documents / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl26f / whether mistake could be made by competent, reasonable, prudent & diligent practitioner / mistake amounted to failure to exercise due diligence & care / isolated incident can still amount to a breach / reasonable for adviser to only provide key documents rather than full file given situation / carelessness or negligence not minor / prudent adviser would not have relied on hard copy IPT guide / correct period set out in INZ decision letter / prudent adviser would have consulted IPT website / complaint upheld.