Ministry of Justice

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.

Breach of professional obligations & Immigration Advisers Licensing Act 2007 / exploitation of unlawful employee / dishonesty / client had work visa for farm work  but was instead worked for adviser’s husband as a hairdresser / client not paid for work / client not permitted to work / adviser told INZ client was a volunteer / adviser convicted of being a party to exploitation / Code of Conduct 2014, cl1, cl2e, cl3c, cl18a, cl26b/ Immigration Advisers Licensing Act 2007, s44 / adviser failed to establish professional relationship with client / adviser failed to inform  client he could not work / adviser’s conduct grossly unprofessional / insufficient evidence adviser was operating through husband on immigration matters / adviser’s behaviour false and misleading / convictions breach of Code but punitive sanction not considered due to punishment in criminal process / public interest sanction necessary as cannot regain licence / complaint upheld.

Breach of professional obligations and Immigration Advisers Licensing Act 2007 / providing misleading information / visitor visa application declined due to failure to declare previous exclusion from Australia / complainant assisted by an education agent / alleged agent was unlicensed subagent of adviser / in explaining earlier failure to declare, adviser sent letter to INZ  which made no mention of unlicensed advice / futile application / Code of Conduct 2014, cl1, cl9a, cl9b / Immigration Advisers Licensing Act 2007, s44 / no lack of due care / no evidence agent was a subagent of adviser / client aware of risk of failure / failure to obtain written acknowledgment of risks not sufficiently serious to meet threshold in this case / complaint dismissed.

Sanctions decision / entering further information after client signed blank application form / failure to provide full copy of files for inspection / adviser asked client to sign visa application form in blank / adviser completed form in client’s absence / failure of criminal prosecution / Code of Conduct 2014, cl3c / Immigration Advisers Licensing Act 2007, s50 and s51 / conduct serious / clients not vulnerable / appropriate to censure given seriousness of complaint / provision of false evidence aggravating factor / failure to attend Tribunal hearing/ licence cancelled / adviser prohibited from reapplying  for maximum period of 2 years / penalty of $6000

Rubber stamping / Breach of professional obligations and Immigration Advisers Licensing Act 2007 / delegating immigration work to unlicensed staff / adviser dealt with clients through overseas consultancy / adviser had no contact with clients / clients dealt with unlicensed staff member throughout / clients completed checklist / Code of Conduct 2014, cl1, cl2e, 3c, 18b, 19e and cl26b / Immigration Advisers Licensing Act 2007, s442 / adviser thought clients’ employer who paid his fee was his main client / adviser relied on unlicensed people to assist clients / immigration advice embraces all immigration work / inevitable staff member would give unlicensed advice / highly likely clients would ask questions and issues would arise / adviser unprofessional and failed to exercise care / failure to obtain clients’ informed instructions / complaint serious / clients denied protection of engaging with a qualified and knowledgeable person / complaint upheld.

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.