Ministry of Justice

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.

Providing false and misleading information to INZ and Authority / Authority initiated an investigation of adviser as a result of media articles about him / alleged adviser ran a scam where he supplied immigration officers with fake job offers in relation to 17 visa applications / adviser accused of operating a paper company in IT industry which had no real employees or work / adviser also accused of falsely claiming a connection with a real IT company in UK / adviser denied allegations but offered no explanation or evidence in answer to them / Code of Conduct 2014, cl3c / Immigration Advisers Licensing Act 2007, s442 / adviser knowingly provided false information and evidence to INZ / adviser’s communications with INZ deceptive / adviser also provided false information to the Authority / complaint upheld.

Rubber stamping / delegating work to unlicensed advisers / failure to exercise proper care / breach of client confidentiality / adviser both immigration adviser & employer / failure to provide valid medical or police certificates / adviser filed applications online without giving clients opportunity to review information / bulk of communications with clients by staff or unlicensed people / staff communicated with clients en masse / Code of Conduct 2014, cl1, cl2e, cl3c, cl4a, cl26c, cl26e / Immigration Advisers Licensing Act 2007, s7, s442 / adviser failed to exercise diligence & due care / obtaining valid medical & police certificates within adviser’s control / adviser must provide accurate information / giving clients an opportunity to check draft application a necessary step / information provided by staff clerical work / minimal personal engagement / delegation of communications to unlicensed people systemic / group emails breached client confidentiality / complaint upheld.

Sanctions decision / failure to personally take responsibility for client engagement / filing expression of interest (EOI) for residence in skilled migrant category with little chance of success / EOI claimed incorrect number of points / INZ wrongly made adverse character finding / bulk of communications with unlicensed employee / letter of concern received from INZ not sent to client / Code of Conduct 2014, cl1, cl2e, cl9a, cl 9b / Immigration Advisers Licensing Act 2007, s50 & s51 / failure to engage directly with client serious but not at upper end / adviser had some contact with client & took personal responsibility for application / adviser not responsible for error by INZ / no compensation for expenses not arising from adviser’s wrongdoing / mental damages not a penalty in every case and declined / adviser censured & ordered to pay penalty of $2,500 & compensation of $3,000.

Breach of professional obligations and Immigration Advisers Licensing Act 2007 / dishonest or misleading conduct / renewal of work visa / adviser entered services agreement with employer not client / adviser misunderstood who client was / client’s file selected for review by Immigration Advisers Authority / adviser tried to get client to sign agreement but client did not do so / adviser inserted client’s undated signature onto client agreement and then signed agreement herself / adviser backdated own signature / Code of Conduct 2014, cl18a / Immigration Advisers Licensing Act 2007, s442 / adviser failed to enter written agreement with client / no defence that adviser misunderstood who client was / not dishonest or misleading to obtain signature after services performed but presentation of agreement to Authority was dishonest or misleading / complaint upheld.

Sanctions decision / rubber stamping / breach of professional obligations / allowing unlicensed individuals to provide services of licensed adviser / adviser employed by company which contracted partner company to communicate with clients / adviser did not engage with client / client’s communications with unlicensed employees / residence application declined / company delayed sending decline letter / date of decline letter altered / appeal out of time / client claimed compensation for wasted fees / Code of Conduct 2014, cl1, cl2e, cl3c / Immigration Advisers Licensing Act 2007, s50 & s51 / serious misconduct / rubber stamping at upper end of spectrum / adviser admitted misconduct & steps taken to avoid repeat of misconduct / award of compensation declined / client responsible for outcome of application not adviser / loss of opportunity to appeal not material to outcome / adviser censured & ordered to pay penalty of $3,000.

Sanctions decision / failure to properly document professional relationship / adviser knew complainant socially / no written agreement for immigration services / communications not formalised / Code of Conduct 2014, cl18a, cl22, cl25c, cl26a, cl26b, cl26c, cl26e / Immigration Advisers Licensing Act 2007, s50 and s51 / violations arose from one critical mistake – adviser failed to establish professional relationship with someone known socially / failure to put in place proper documentation / proper documentation cannot be dismissed as merely clerical or insignificant / adviser admitted wrongdoing and reviewed her practices / adviser understood her obligations / adviser cautioned and ordered to pay penalty of $1,000.

Sanctions decision / rubber stamping / failure to personally engage with client / adviser dealt with client through overseas consultancy / client dealt with employees of consultancy / adviser had no direct contact with client and permitted unlicensed people to provide immigration services / Code of Conduct 2014, cl1, cl2e, cl3c / Immigration Advisers Licensing Act 2007, s50 and s51 / degree of rubber stamping extreme / adviser prevented from reapplying for licence for two years and until she completes professional training / adviser censured and ordered to pay penalty of $3,500.

Sanctions decision / rubber stamping / delegation of client engagement to an unlicensed person / adviser dealt with clients through overseas consultancy / adviser had no direct engagement with clients and allowed unlicensed person to provide immigration advice / adviser treated employer as main client / Code of Conduct 2014, cl1, cl2e, cl3c, cl26b / Immigration Advisers Licensing Act 2007, s50 and s51 / professional violations serious / conduct an isolated incident - arose from one set of instructions and one critical mistake / adviser accepted misconduct and need for engagement / misconduct not deliberate or dishonest/ breaches arose from adviser’s misunderstanding as to who real clients were / adviser censured and ordered to pay penalty of $3000.