Ministry of Justice

Sanctions decision / rubber stamping / adviser had no direct contact with client / all communications made via Chinese migration company / staff’s work did not amount to clerical work / bulk of complainant’s instructions carried out by company / Immigration Advisers Licensing Act 2007, s50, s51 / adviser’s misconduct serious / adviser facilitated unlicensed people to provide services only a licensed adviser could lawfully perform / no wilful violation of Act or Code / adviser did not personally engage with clients because it was against Chinese law / adviser mistakenly believed staff performing permitted clerical work / adviser retired & licence expired / adviser censured & prevented from reapplying for licence for 2 years.

Rubber stamping / allowing unlicensed people to manage visa application process / long-term business visa / complainant client of Chinese migration company / adviser had no direct contact with client in accordance with Chinese law / entire relationship managed by company / business plan submitted to INZ not what complainant approved / whether company’s unlicensed staff performed immigration services / whether Chinese law qualifies adviser’s professional obligations / Code of Conduct 2014, cl1, cl2e, cl3c / Immigration Advisers Licensing Act 2007, s442 / staff’s work not clerical work / unlikely staff did not provide immigration advice / staff undertook bulk of assistance & adviser allowed this / adviser misunderstood scope of clerical work but not what they were doing / in terms of obligations adviser’s client was complainant not company / Chinese law restrictions irrelevant to adviser’s obligations / complete abdication to personally engage with client / complaint upheld.

Sanctions decision / partnership based temporary visa application / adviser mistakenly lodged online application for another type of visa / paper application for correct visa type returned for being incomplete as missing supporting form signed by wife / adviser failed to provide written updates or keep written record / adviser had not kept copies of application on her file / Immigration Advisers Licensing Act 2007, s50, s51 / adviser’s violation at lower end of scale / error in selecting visa type simple mistake & did not amount to violation of standards / compensation for losses not attributable to adviser’s breaches / adviser cautioned.

Sanctions decision / failure to have written agreement / lack of care / adviser requested character waiver in advance of visa application / adviser charged fee but had no written agreement / Immigration Advisers licensing Act 2007, s50, s51 / misconduct at lower end of scale / parties already agreed refund of fees as appropriate sanction / adviser ordered to refund fees of $500.

Negligence / graduate work visa / adviser advised client she could obtain work visa based on employment in takeaway shop / client did not meet requirements & application failed / client made last minute visitor visa application but did not sign it & information omitted / client expressed reason for seeking visitor visa as her intention to live in New Zealand / INZ concerned client not a bona fide applicant & visa declined / whether professional & competent adviser would have lodged work visa application / whether visitor visa application competently managed / Code of Conduct 2014, cl1, cl31a / Immigration Advisers Licensing Act 2007, s442 / adviser negligent, unprofessional & careless / client’s qualification not relevant to obtaining employment / adviser failed to assess eligibility of application / adviser lodged visitor visa application expressing unlawful purpose / application should have been signed / omissions did not justify INZ’s character concerns / complaint upheld.

Failure to exercise due diligence and care / failure to provide written agreement / Application for residence / EOI declined due to showing insufficient points / adviser failed to inform client / adviser lacked capacity to practice due to medical condition / adviser subject to a number of complaints & licence cancelled / Immigration Advisers Licensing Act 2007, s442 / adviser no longer capable of defending or giving instructions concerning complaint / appropriate to uphold the complaint to extent necessary to order a refund of fees / incapacity found in terms of s 442c of the Act / complaint upheld / adviser ordered to refund $7,750 in fees & disbursements.  

Negligence / failure to assess whether business aligned with approved business plan & requirement to benefit New Zealand / failure to ensure agreement signed / application for long-term business visa / clients bought lodge after failed sale of motel / business plan based on motel / visa declined because lodge did not meet relevant criteria / complaint adviser made application with no hope of success / adviser claimed immigration advice based on purchase of motel not lodge / adviser unwell & unable to represent himself / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl8 / adviser not unfit to plead / complainant absent from process & failed to produce evidence requested by tribunal / tribunal unable to make definitive finding that advice not sought on suitability of lodge / agreement not signed but no utility to upholding complaint / adviser’s licence expired & unlikely to renew / complaint dismissed.

Rubber stamping / allowing unlicensed people to manage visa application process / adviser entered arrangement with company that sourced jobs for Filipino workers / unlicensed staff managed process & liaised with clients / adviser used template documents & assessed clients via skype interview but no record of interviews / Code of Conduct 2014, cl1, cl2e, cl3c, cl18, cl26a / Immigration Advisers Licensing Act 2007, s442 / adviser had no real engagement with clients & provided no direct immigration advice / adviser permitted unlicensed staff to give immigration advice / adviser failed to obtain & carry out instructions / agreement did not provide a full description of services / INZ concerns not communicated to clients / adviser should have exercised greater care in scrutiny of documents / clients signed declaration before seeing employment agreement / adviser misunderstood permitted scope of clerical work by unlicensed staff / complaint upheld

Sanctions decision / failure to explain professional responsibilities to client / failure to provide written agreement with written authority / failure to ensure written agreement signed / failure to maintain record of all communications / adviser misunderstood who he owed professional obligations to / adviser had contractual relationships with client and client’s employer / Immigration Advisers’ Code 2014, cl17b, cl18c, cl19b, cl19m, cl26a / Immigration Advisers Licensing Act 2007, s50, s51 / adviser failed to recognise who client was / failure unreasonable and misguided / code prescriptive in regard to record keeping but not unduly so / breach sufficiently serious or systemic to warrant disciplinary process / no deliberate flouting of code but significant professional deficiency / adviser censured and ordered to pay penalty of $1,500

Sanctions decision / rubber stamping / adviser failed to engage with complainant as a fully committed professional / adviser failed to have written agreement with complainant / adviser had no personal contact with complainant but certified he had / Immigration Advisers Licensing Act 2007, s50, s51 / adviser did not recognise warning signs of rubber stamping / isolated incident / no compensation as claim lacked nexus with complaint & inadequate proof of quantum / adviser prevented from reapplying for licence until training completed / adviser censured & ordered to pay $4,500 penalty & refund fee of $300 to complainant

Failure to have written agreement / lack of care / adviser requested character waiver in advance of visa application / adviser charged fee but had no written agreement / Immigration Advisers Licensing Act 2007, s50 / Code of Conduct 2014, cl9, cl16 / request for character waiver a simple error which did not justify disciplinary action / adviser did not knowingly bring application that could not succeed / no written agreement so fee should be refunded / complaint upheld.

Unprofessional & disrespectful communications with INZ / dishonest & misleading advice / adviser made many complaints of serious misconduct against INZ staff with no supporting evidence / adviser complained staff not fulfilling their role / complaint against one officer for misinterpreting employer’s statement / adviser advised client with job offer to travel under visa waiver programme / INZ alleged adviser used complaint procedure inappropriately to lodge malicious, threatening & unprofessional complaints / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / complaints officers not performing their role not outside complaints procedure / adviser honestly believed client treated unfairly & some merit to complaint / officer made honest mistake / adviser’s complaint unwarranted & unprofessional but not malicious / adviser’s correspondence with INZ intemperate, abrasive & accusatory / adviser did not intend advice to be dishonest or misleading / complaint upheld

Negligence / dishonest or misleading conduct / failure to inform client of status of applications / failure to obtain instructions before submitting applications / INZ declined work visa & granted visitor visa to complainant / adviser got complainant to sign second work visa application without informing her first had been declined / second application declined / complainant claimed she did not know applications had been declined & she was in country illegally / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl26 / adviser negligent as to disclosures to complainant & failure to obtain instructions / insufficient evidence adviser misrepresented status of applications or nature of second application form / nature of form obvious / conduct not dishonest or misleading / adviser honestly believed work visa would be granted / lack of file notes or electronic records of conversations / complaint upheld