Ministry of Justice

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.

Sanctions decision / lodging of falsely signed documents / work visa based on job offer from business in which adviser had an interest / adviser instructed staff member to sign employment documents in name of business owner / documents falsely represented to complainant & INZ as being signed by owner / adviser also failed to have client agreement & keep a proper file / work visa declined as employment agreement not valid / Immigration Advisers Licensing Act 2007, s50, s51 / documents false but job genuine / not adviser’s first appearance before tribunal / previous misconduct occurred around same time & adviser instructed to take refresher course / adviser claimed to have learnt his lesson / suspension sanction of last resort / adviser misled clients & lax about properly documenting relationship / public not in need of protecting from adviser / adviser censured & ordered to pay $5000 penalty.

Sanctions decision / dishonest & misleading behaviour / adviser’s licence suspended / adviser initially suggested seeking special direction / adviser provided falsified emails from Associate Minister’s office / adviser believed special direction would not be successful & never made request / Immigration Advisers Licensing Act 2007, s50, s51 / misconduct serious but an isolated incident / no systemic dishonesty / adviser did not benefit from fraud / no prejudice to complainant as likelihood of success negligible / adviser immediately admitted wrongdoing, made an early apology & advised complainant of complaint process / adviser refunded fee & reimbursed legal expenses / cancellation sanction of last resort / no risk to public of repeat of misconduct / dishonesty at lower end of spectrum / adviser censured, suspended for 9 months & ordered to pay $6,500 penalty.

Sanctions decision / providing false & misleading information / adviser ran scam supplying fake job offers to clients from paper companies he controlled / complainant knowingly received fake job offer & granted work visa on that basis / complainant claims refund of fees & compensation for leaving NZ / Immigration Advisers Licensing Act 2007, s50, s51 / adviser’s misconduct most serious warranting severest level of sanctions / adviser main perpetrator of scheme / conduct sustained, deliberate & brought regime into disrepute / adviser driven by greed, admitted no wrongdoing & showed no remorse / fraud not an isolated incident / compensation figures inaccurate, inconsistent & not supported by documentary evidence / complainant willing party to adviser’s fraud & not entitled to compensation / neither adviser nor client should benefit from fraud / adviser censured / adviser prevented from reapplying for licence for 2 years / adviser ordered to pay $10,000 penalty & $4,535 refund of fees.

Sanctions decision / failure to enter updated client agreement when new visa category instructed / lack of due diligence or care / failure to identify missing provision in client’s employment contract / visa declined / complainant sought refund of fees & compensation for lost income / Immigration Advisers Licensing Act 2007, s50, s51 / obligation to have client agreement important / high degree of carelessness or negligence / adviser’s first appearance before Tribunal / adviser acknowledged & corrected failings / significant compensation claims for general courts to decide / Tribunal can award modest sums / not shown application would have necessarily been successful if not for adviser’s lack of care / inappropriate for adviser to pay later fees or award full sum of compensation / reasonable to award some compensation for lost income as complainant could have obtained work visa earlier / adviser cautioned /adviser ordered to pay $1000 penalty & $7555 for refund of fees & compensation.

Sanctions decision / negligence / failure to enter into written agreement with client / failure to file residence application in time / invitation expired / Immigration Advisers Licensing Act 2007, s50, s51 / adviser failed to perform fundamental obligations of a professional adviser / adviser’s misconduct aggravated by previous similar findings against him / adviser declined to engage with Authority or Tribunal / adviser bears high degree of responsibility for complainant not obtaining residence / adviser to undertake training & prohibited from renewing licence / adviser censured & ordered to pay $5000 penalty / adviser also ordered to pay $5000 compensation by way of general damages to complainant for application fees, inconvenience, anxiety & stress.

Sanctions decision / failure to enter written agreement with client / failure to exercise due care / complainant employed as a contractor / adviser advised complainant could still get residence as a contractor / INZ told adviser complainant needed to remain an employee for work visa / complainant claimed compensation for various expenses & losses & refund of fees / Code of Conduct 2014, cl1, cl18 / Immigration Advisers Licensing Act 2007, s50, s51 / adviser’s misconduct at lower end of spectrum / high degree of carelessness in relation to advice about being an independent contractor / no systemic problem with adviser’s professional practice / adviser learnt from process & has greater understanding of professional obligations / compensation declined / expenses and losses did not arise from adviser’s misconduct  /  complainant received what he had contracted for so no refund of fees / adviser cautioned & ordered to pay $1,500 penalty.

Dishonest or misleading conduct / client married in Samoa but marriage not registered / husband successfully registered himself under Samoan Quota as a single person / adviser advised complainant to conceal marriage in application / complainant married husband again in New Zealand / residence based on later New Zealand marriage / application returned because valid police certificate missing / adviser as a Justice of the Peace certified copy of police certificate before sighting it to expediate process / residence declined because INZ not satisfied complainant in stable & genuine relationship / Code of Conduct 2014, cl1, cl3c, cl26, cl29d, 31a / adviser lacked diligence & due care in filing applications without necessary documents / adviser’s conduct in advising complainant to conceal first marriage dishonest / misconduct serious / presenting false certificate to INZ at lower end of dishonesty spectrum as document genuine / minimal record of written advice / complaint upheld.

Appeal against registrar’s decision to reject complaint about deception / whether sufficient evidence of deceit by adviser to justify returning complaint to Authority / adviser found employment for appellant / adviser allegedly sent appellant photos purporting to be restaurant where he would work but photos depicted different restaurant / restaurant sold and renamed / adviser sought variation of work visa which was approved / appellant complained he was deceived as to the identity of employer and scale of restaurant / registrar found advice given was adequate and rejected complaint / Immigration Advisers Licensing Act 2007, s442, s54 / no prima facie evidence of deceit / no evidence adviser knew photos were of a different restaurant / no evidence adviser knew of change of employer before employment agreement sent to appellant / adviser successful in performing contracted immigration services / appeal rejected.

Failure to have written agreement with client / failure to exercise diligence & due care / negligence / complainant held a work visa but had no income for a period due to issues with employer / complainant offered permanent employment & applied for South Island Contribution Visa / INZ sent PPI letter advising lack of income and that employment agreement did not clearly state guaranteed minimum hours / visa declined because complainant did not appear to be a bona fide candidate / Code of Conduct 2014, cl1, cl18a, cl 18d / Immigration Advisers Licensing Act 2007, s442 / adviser did not conduct herself with due diligence or care & failed to respond in a timely manner to PPI letter / adviser should have checked agreement and identified lack of income issue before application was filed / workload & poor health no defence / adviser should have declined work / new or updated written agreement required for new visa category / complaint upheld.

Failure to enter written agreement with client / failure to advise complainant could not lawfully work as independent contractor in New Zealand / employer & complainant originally signed employment agreement / agreement approved by INZ & work visa issued / addendum to agreement stated complainant employed as a contractor & complainant worked as one / adviser advised complainant could still get residence as a contractor / INZ told adviser complainant needed to remain an employee for work visa / complainant continued working as a contractor & was issued with deportation notice / Code of Conduct 2014, cl1, cl 18a / Immigration Advisers Licensing Act 2007, s442 / lack of due care / no written agreement with complainant / adviser did not make clear complainant could not work as a contractor without INZ’s approval / adviser should have sought advice from INZ earlier if uncertain about instructions / no evidence of dishonesty /adviser admitted advice erroneous / complaint upheld.

Sanctions decision / rubber stamping / adviser had no direct communication with clients / adviser engaged by offshore immigration consultancy which had been engaged by recruiting agency in another country / adviser mistakenly believed consultancy was his client / failure to have written agreement / Code of Conduct 2014, cl1, cl2e, cl3c, cl17, cl18 / Immigration Advisers Licensing Act 2007, s50, s51 / delegation of immigration advice work to unlicensed people a serious infringement / not the most egregious example of rubber stamping as adviser still compiled application and supporting documentation / not a deliberate flouting of obligations / adviser accepted wrongdoing & put in place new practices to ensure obligations met / adviser censured & ordered to pay $3000 penalty.

Sanctions decision / failure to have a client agreement / dishonest or misleading conduct / client’s file selected for review by Immigration Advisers Authority / adviser had entered services agreement with employer not client / adviser forged client’s signature on client services agreement and backdated own signature / Code of Conduct 2014, cl18a / Immigration Advisers Licensing Act 2007, s50 & s51 / adviser knowingly presented false document to  Authority / conduct went to adviser’s honesty which is at heart of being professional / order preventing renewal for eight months / adviser’s conduct did not contribute to complainant’s losses / while misconduct serious it did not adversely affect client, was an isolated incident and was promptly acknowledged / adviser also censured & ordered to pay penalty of $3,500.