Ministry of Justice

Breach of professional obligations and Immigration Advisers Licensing Act 2007 / misleading employer / misrepresenting client / failing to exercise due care / work visa application / employer required someone with welding experience / adviser put forward candidate who had little welding experience / candidate a metal fabricator who voiced concern about job title but confirmed he had welding experience / candidate’s work visa application as a welder successful and he flew to New Zealand to commence employment / employer terminated candidate’s employment when it was found he did not have the required skills / Code of Conduct 2014, cl1, cl2a, and cl29d / Immigration Advisers Licensing Act 2007, s442 / adviser misunderstood distinction between welding and fabrication / no deliberate deception / adviser did not mislead employer or misrepresent client / adviser did not exercise due care / adviser should have better informed herself of distinction / complaint upheld for breach of cl 1 of code

Rubber stamping / breach of professional obligations and Immigration Advisers Licensing Act 2007 / permitting unlicensed staff to engage with client / filing false documents / false or misleading declaration on applications / work and residence visa applications / adviser signed applications stating he assisted and provided immigration advice / immigration advice provided through company / company contracted partner company to communicate with clients and obtain documents / company filed false information / visas declined / Code of Conduct 2014, cl1, cl2e, cl3c, cl 18a, cl31a / Immigration Advisers Licensing Act 2007, s442, s50 and s51 / no direct contact with clients / failure to obtain instructions / work of staff beyond clerical work / adviser not required to be party to client agreement or sign it / documents supplied false / adviser not professional or diligent / recording information on client’s form is providing assistance / no breach of adviser’s declaration / complaint upheld.

Rubber stamping / breach of professional obligations and Immigration Advisers Licensing Act 2007 / application for residence visa / adviser did not directly engage with client / adviser allowed unlicensed staff to do work of licensed adviser/ agreement between client and company / adviser an employee of company / all client’s communications with employees of another company in different countries / residence visa declined / adviser sent decline letter to employee / client’s IPT appeal out of time / date of INZ decline letter sent to client had been changed / Code of Conduct 2014, cl1, cl2e, cl3c, cl 18a / Immigration Advisers Licensing Act 2007, s442, s50 and s51 / work of employees fell within definition of immigration advice / adviser failed to directly obtain instructions from client / Code does not require adviser to be a party to the agreement or to sign it / Code only requires adviser to be named / complaint upheld.

Sanctions decision / rubber stamping / breach of professional obligations / lodging expression of interest under skilled migrant category / policy changed and client no longer eligible / complaint about delay and request for refund / adviser failed to engage with client and carry out instructions / advisor failed to have written agreement  tailored to client’s circumstances / no refund policy in agreement / delay negligent / Code of Conduct 2014, cl1, cl2e, cl3c, cl19e, cl19K, cl24c / Immigration Advisers Licensing Act 2007, s50 and s51 / adviser had no involvement with complainant / adviser and staff primarily responsible for delays / an Australian registered adviser who obtains New Zealand registration has a professional duty to familiarise themselves with New Zealand law / age and inexperience not mitigating factors / adviser only an employee / complaint upheld / adviser censured / adviser ordered to pay penalty and partly refund complainant

Appeal against registrar’s decision not to pursue complaint / application for entrepreneur work visa / appellant paid adviser to assist cousin with application / business plan not completed / refusal to refund fees / fabrication  of emails and service agreement / registrar found business plan not provided because cousin did not respond to requests for further information / adviser found to have undertaken a reasonable amount of work / no evidence of fabrication / Code of Conduct 2014, cl1 / Immigration Advisers Licensing Act 2007, s442, s451, s54 / no evidence of impropriety by adviser / adviser understood on reasonable grounds that cousin was his client / cousin made no complaint against adviser / evidence did not disclose any wrongdoing / appeal rejected.

Rubber stamping / breach of professional obligations and Immigration Advisers Licensing Act 2007 / unlicensed staff performed immigration work on adviser’s behalf / adviser did not have a written agreement directly with clients / adviser had no meaningful engagement with clients / Code of Conduct 2014, cl1, cl2e, cl3c, cl10b, cl18a, cl26b, cl26e / Immigration Advisers Licensing Act 2007, s7, s442, s50 and s51 / adviser found to be negligent and incompetent / high level of negligence / adviser did not understand who client was / standard of care not dependent on experience / complaint upheld.

Sanctions decision / complaint upheld by Tribunal / failure to be professional and diligent / failure to conduct oneself with due care and in a timely manner / delay in filing application and responding to complainant’s queries / Code of Conduct 2014, cl1 / Immigration Advisers Licensing Act 2007, s50 and s51 / violation not serious / adviser cautioned.

Breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / essential skills work visa application / whether failure to provide written agreement to client / whether full description of services / whether unlicensed staff providing immigration services / rubber stamping / whether failure to assess client’s visa eligibility / negligence / s442a and s442e of the Act  / breach of Code of Conduct 2014, cl1, cl22, cl3c, cl18a, cl26b 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 / complaint dismissed.

Sanctions decision / complaint upheld by Tribunal / Immigration New Zealand (Calder) v Ahmed [2019] NZIADCT 18 / allowing unlicensed  person to give immigration advice / rubber stamping / Code of Conduct 2014, cl1, cl2e and cl3c / HELD / Immigration Advisers Licensing Act 2007, s50 and s51 / power to award sanctions / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) / Liston v Director of Proceedings [2018] NZHC 2981 / professional disciplinary proceedings focused on protection of the public and profession, not punishment / Patel v Complaints Assessment Committee HC Auckland CIV-2007-404-1818, 13 August 2007 / advisor’s actions serious / adviser did have involvement with clients / misunderstanding of “clerical work” exception / Immigration New Zealand (Foley) v Niland [2019] NZIACDT 16 / s511a / advisor censured / s511b / required to complete training / s511f / fined

Sanctions decision / complaint upheld by Tribunal / MG v Hu [2019] NZIACDT 20 / long term business vis / conflict of interest / advisor acted for vendor of business and client / party to providing false information to Immigration New Zealand (INZ) / Code of Conduct 2014, cl11b / cl15a and cl3a / HELD / Immigration Advisers Licensing Act 2007, s50 and s51 / power to award sanctions / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) / Liston v Director of Proceedings [2018] NZHC 2981 / professional disciplinary proceedings focused on protection of the public and profession, not punishment / Patel v Complaints Assessment Committee HC Auclkand CVI-2007-404-1818, 13 August 2007 / advisor accepts responsibility for breaches of the Code of Conduct / further breaches unlikely / advisor has taken steps to ensure compliance with obligations/ s51a / advisor cautioned.

Final decision / complaint upheld by Tribunal / interim decision Abellera v Elizabeth [2017] NZIACDT 17 / breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / failure to tailor written agreement to client / failure to issue refund / demand to withdraw complaint in exchange for refund / Code of Conduct 2014, cl1, cl19e cl24a and cl24e / adviser apologised and accepted responsibility / refund issued / no further sanction appropriate / complaint upheld.

Sanctions decision / complaint upheld by Tribunal / Singh v Patel [2019] NZIADCT 17 / failed to make a record of meetings and discussions with client / failed to confirm material discussions in writing / Code of Conduct 2014, cl26aiii and cl26c / HELD / Immigration Advisers Licensing Act 2007, s50 and s51 / power to award sanctions / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) / Liston v Director of Proceedings [2018] NZHC 2981 / professional disciplinary proceedings focused on protection of the public and profession, not punishment / Patel v Complaints Assessment Committee HC Auckland CIV-2007-404-1818, 13 August 2007 / advisor aware of need to improve file management / advisor has taken steps to ensure compliance with obligations / s50b / no further sanctions are warranted

Breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / delays in lodging EOI and communicating with complainant / failure to maintain and make available client file for inspection / s571c of the Act  / lack of professionalism, due care and diligence / Code of Conduct 2014, cl1 and cl26e / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / EOI lodgement delays resulted in complainant missing automatic selection / communication delays were unreasonable / client file retained by adviser’s former employer / adviser must make reasonable efforts to obtain file / Jiang v Immigration Advisers Complaints and Disciplinary Tribunal [2018] NZHC 3152 / file was that of the firm and not the adviser / advisers obligation under cl26e to provide file to Authority must be consistent with s571c / complaint upheld.