Ministry of Justice

Sanctions decision / lack of professionalism and due care / failure to provide full files to Authority / adviser misunderstood immigration instructions / wrongly asserted IELTS not justified / unprofessional communications with INZ / adviser made personal attacks against officers with no merit / Code of Conduct 2014, cl1, cl3c, cl26e / Immigration Advisers Licensing Act 2007, s50 and s51 / persons other than client must also be treated professionally and with respect / conduct not in clients’ best interests / statutory demands to produce files straightforward / correspondence with INZ at high end of unprofessional correspondence / adviser censured and ordered to pay penalty of $2000.

Breach of professional obligations and Immigration Advisers Licensing Act 2007 / failure to properly document professional relationship / work visa application / adviser knew complainant socially / no written agreement for immigration services / communications not formalised / fees paid but not deposited and invoices not issued / failure to provide fully copy of file/ adviser claimed internet fault / INZ raised character concern / Code of Conduct 2014, cl18a, cl22, cl25c, cl26(a)(i), cl26(e), cl26b, cl26c / Immigration Advisers Licensing Act 2007, s44 / adviser admitted all heads of complaint / adviser failed to treat immigration side of relationship objectively and professionally / important to have written agreement and properly document financial transactions / complaint upheld.

Rubber stamping / breach of professional obligations & Immigration Advisers Licensing Act 2007 / permitting unlicensed people to provide immigration services / adviser dealt with client through overseas consultancy / client had no direct contact with adviser / unlicensed staff planned & coordinated application process & communicated with client / adviser not involved in process / staff provided eligibility advice / Code of Conduct 2014, cl1, cl2e, 3c, 18c, & 19e / Immigration Advisers Licensing Act 2007, s442 / adviser had no control over process / no active engagement with client or file / all work done by consultancy’s unlicensed staff / adviser’s involvement limited to signing letter & form prepared by others / employee’s advice on eligibility beyond clerical work / no requirement adviser must be party to agreement or sign it but still subject to obligations / cl 19e does not require a generally Code compliant agreement, it is the services which must be tailored / complaint upheld

Sanctions decision / rubber stamping / breach of professional obligations / unlicensed staff performed immigration work on adviser’s behalf / adviser had no contact with clients at all / adviser believed overseas recruitment company was her client / failure to recognise applicants were her true clients / high level of negligence found / Code of Conduct 2014, cl1, cl2e, cl3c, cl18a, 26b and cl26e / Immigration Advisers Licensing Act 2007, s50 and s51 / adviser no longer a licensed adviser / / conduct of delegating immigration work serious and grossly unprofessional / complaint concerned 22 clients / rubber stamping at the upper end / previous complaint upheld / adviser’s financial, professional and personal circumstances an important mitigating factor / costs not awarded due to adviser’s financial and personal circumstances / adviser censured and ordered to pay penalty of $6,500 / prohibition against reapplying for licence.

Breach of professional obligations and Immigration Advisers Licensing Act 2007 / lack of professionalism / refusal to provide English language (IELTS) certificates to INZ / residence visas declined / adviser believed IELTS certificates not necessary because clients met skilled migrant pathway / adviser made serious allegations against named INZ officers / Code of Conduct 2014, cl1, cl3c, cl 10b,  and cl26e / Immigration Advisers Licensing Act 2007, s442, s50, s51 and s57 / immigration officers entitled to insist on IELTS certificates / reasons for requiring certificates compelling / clients did not meet skilled migrant pathway / adviser failed to assess and apply instructions with due care and professionalism / adviser misunderstood criteria where it was clear standard not met / correspondence amounted to unjustified personal attacks on named officers / complaint upheld

Sanctions decision / complaint upheld by Tribunal / negligence / failure to advise application had no realistic chance of succeeding / partnership visitor visa declined / insufficient evidence partnership genuine and stable / complainant travelled to Pakistan to live with partner / complainant sought to recover fees, lost wages and expenses from living in Pakistan / Immigration Advisers Licensing Act 2007, s50 and s51 / isolated incident / censure not justified / adviser willing to pay compensation / refund of fees / claim for compensation excessive / expenses and lost wages largely would have been incurred anyway and not caused by adviser’s negligence / $2,500 compensation awarded for wasted return airfare and contribution to other expenses and losses.

Sanctions decision / allowing unlicensed  person to engage with client / no written agreement / inadequate written record of communications / student visa application declined / complainant’s status became unlawful / complainant sought recovery of lawful status and compensation for legal costs / Code of Conduct 2014, cl2e, cl18, cl26a, cl26c / Immigration Advisers Licensing Act 2007, s50 and s51 / obligation to engage personally with client and have written agreement important / violation lower end of spectrum because adviser engaged with client at later stage / adviser had a strong commitment to professional development and offered to pay some compensation / not appropriate to refund all costs as not attributable to adviser’s professional violations / doubtful Tribunal has power to award costs in disciplinary process / adviser censured / adviser directed to complete refresher course and ordered to pay some compensation

Breach of professional obligations and Immigration Advisers Licensing Act 2007 / procuring and providing false information to INZ / entering further information after client signed blank application form / failure to provide copy of client files for inspection / adviser acquitted in a criminal prosecution / licence suspended and then expired / whether Tribunal can uphold complaint / failure to attend hearing / providing false evidence to IACDT / Code of Conduct 2014, cl3c, cl26e / Immigration Advisers Licensing Act 2007, s44, s49, s51 / insufficient evidence to prove adviser knowingly produced false documents / adviser permitted client to sign blank form / adviser failed to keep a copy of client’s files after they were uplifted by INZ / complaint partially upheld.

Appeal against registrar’s decision not to pursue complaint / dispute between two competing professionals who had acted for same client / allegation adviser misrepresented client’s character issues to INZ and unlicensed employees provided immigration advice / client issued with deportation notice / client’s passport name not full name / client’s passport name used to obtain overseas police certificate / certificate produced to INZ disclosed no convictions / client arrested overseas but not convicted / alleged unlicensed employee advised client to omit middle name / Immigration Advisers Licensing Act 2007, s442, s451, s54 / insufficient evidence of misleading conduct / no evidence employee’s advice went beyond “clerical work” / advice did not cross threshold warranting disciplinary action / “clerical work” could involve direct dealings with clients / allegations did not warrant referring complaint to Tribunal / threshold as to gravity not met / appeal rejected.

Sanctions decision / complaint upheld by Tribunal / failure to promptly refund money / adviser agreed to refund money upon ceasing a contract for services / Code of Conduct 2014, cl24b and c / Immigration Advisers Licensing Act 2007, s50 and s51 / complaint not serious / isolated incident of wrongdoing / adviser cautioned and ordered to make refund promised.

Sanctions decision / complaint upheld by Tribunal / Immigration New Zealand (Calder) v Cleland [2019] NZIADCT 25 / allowing unlicensed  person to give immigration advice / rubber stamping / failed to explain the agreement to clients / agreement did not describe the services to be provided / failed to advise clients of application status / Code of Conduct 2014, cl1, cl2e, cl3c, cl18b, cl19e, cl19f and cl26b / HELD / Immigration Advisers Licensing Act 2007, s50 and s51 / power to award sanctions / adviser’s actions serious / misunderstanding of “clerical work” exception / Immigration New Zealand (Foley) v Niland [2019] NZIACDT 16 / s511a / adviser censured / s511b / required to complete training / s511f / fined

Breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / partnership and cultural marriage visitor visa applications / failure to provide written agreement to client / failure to provide appropriate advice / failure to keep notes of meetings / negligence / s442a and s442e of the Act  / breach of Code of Conduct 2014, cl1, cl18a, cl19a and cl26c / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / immigration adviser not named / adviser failed to take due care in assessing complainant’s circumstances / failed to keep records of advice given / adviser negligent  / complaint upheld.

Breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / student and visitor visa applications / failure to provide written agreement to client / adviser did not engage with client / adviser did not keep complete file notes / s442e of the Act  / breach of Code of Conduct 2014, cl1, cl2e, cl18a, cl26aiii and cl26c / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / unlicensed staff processed application / adviser did not personally obtain client’s instructions / no written agreement / adviser failed to keep file notes / complaint upheld.