Ministry of Justice

Sanctions decision / incompetence / adviser failed to compile & file entrepreneur work & residence visa applications / complainants purchased motel but contract for sale lapsed / complainants provided business plan but plan never finalised / applications envisaged never made & complainants suffered significant loss / Immigration Advisers Licensing Act 2007, s50, s51 / censure & training justified by level of adviser’s incompetence / incompetence not sufficient to prevent re-licensing / no other instances of incompetence / adviser acknowledged wrongdoing & offered refund / adviser not primary or real cause of complainants’ losses / Parliament only intended modest awards of compensation / unreasonable for complainants to rely on adviser solely for investment advice / adviser censured, ordered to complete training, pay penalty of $3000 & $17,500 refund of fees, plus any interest earned on $17,500.

Sanctions decision / failure to perform services with due care, diligence and professionalism / client’s work visa declined so client in New Zealand unlawfully / application for exception to immigration instructions under s61 / adviser recommended making formal complaint to INZ & appealing deportation on humanitarian grounds but both declined / adviser then advised client to lodge a request for student visa / Tribunal found adviser’s approach misguided & devoid of merit / strategy costly & compromised client’s prospects of success / Immigration Advisers Licensing Act 2007, s50, s51 / breach not an isolated error of judgement / adviser lacked sufficient knowledge & skill / financial penalty not necessary in public interest / fees paid & cost of appeal wasted / no compensation recoverable as living expenses & costs of another adviser did not flow from unprofessional advice / adviser ordered to complete training & refund fees of $2,900.

Negligence / incapacity / failure to have written agreement & notify fees / filing futile applications / adviser subject to many complaints which Tribunal upheld in interim decision / adviser lacked capacity to practice & defend complaint due to medical condition / adviser’s licence cancelled / Immigration Advisers Licensing Act 2007, s 442 / Code of Conduct 2010, cl1.5, cl8b / Code of Conduct 2014, cl1, cl9, cl18a, cl19f, cl29b / interim decision upholding complaint made final.

Rubber stamping / allowing unlicensed people to manage visa application process / failure to provide written agreement / adviser entered arrangement with company that sourced jobs for Sri Lankan workers / adviser had no contact with client apart from initial skype interview / adviser used template contract of engagement / job offer withdrawn but company advised client to travel to New Zealand / whether adviser negligent or deliberately employed business model in breach of professional obligations / Code of Conduct 2014, cl2e, cl3c, cl18, cl19, cl26 / Immigration Advisers Licensing Act 2007, s442 / adviser did not take charge of engagement with client / inevitable unlicensed staff would step into void & provide immigration advice / adviser facilitated provision of immigration advice by unlicensed staff / contract unsuited to client & adviser’s needs / complaint upheld.

Rubber stamping / allowing unlicensed people to manage visa application process / adviser had no direct contact with client in accordance with Chinese law / all communications made via local migration company / complaint client asked to sign blank application form, information supplied without her knowledge and signature forged / whether the company’s unlicensed staff performed immigration services / whether Chinese law qualifies adviser’s professional obligations / Code of Conduct 2014, cl1, cl2, cl3c / Immigration Advisers Licensing Act 2007, s442 / Chinese law restrictions irrelevant & obligations not qualified by them / unlikely staff did not provide immigration advice / staff’s work did not amount to clerical work / bulk of complainant’s instructions carried out by company / adviser did not know falsity of documents / mere filing of false documents does not, of itself, amount to lack of due care or diligence / adviser had no knowledge of staff’s conduct / complaint upheld.

Sanctions decision / rubber stamping / allowing unlicensed people to manage visa application process / adviser had little or no contact with clients / adviser director of company recruiting Filipino workers / applications handled by unlicensed employee in Philippines / Code of Conduct 2014, cl1, cl2e, cl3c, cl18, cl26a / Immigration Advisers Licensing Act 2007, s50, s51 / adviser reliant on unlicensed people to deal with clients on immigration matters / offending involved multiple clients & adviser continued same model for some time / no systematic or deliberate breach of code / adviser overlooked requirement to personally discharge professional obligations / adviser failed to appreciate narrowness of clerical work exception / adviser aware of failings & remedied flawed business structure / adviser censured & ordered to pay $8,500 penalty & $3,000 investigation costs.

Sanctions decision / unprofessional conduct / adviser alleged immigration officer provided false and misleading information / adviser also alleged officer cover-up of wrongdoing and intention to disadvantage migrants / no evidence to substantiate formal complaints / correspondence amounted to personal attacks / Immigration Advisers’ Code 2014, cl1 / Immigration Advisers Licensing Act 2007, s50, s51 / unprofessional and disrespectful to make complaints of serious misconduct without evidence in support / adviser apologised to one officer but not the other / no malice and adviser showed remorse / officers must expect criticism and be robust/ adviser cautioned and ordered to pay penalty of $750

Sanctions decision / negligence / failure to inform client status of applications / client signed second work visa application without being informed first was declined / Immigration Advisers Licensing Act 2007, s50, s51 / no lack of competence in handling applications but adviser failed in relationship with client / adviser failed to obtain instructions & provide timely updates / lack of communication & failure to keep proper records of client communications / adviser admitted breaches / adviser censured & ordered to enrol in refresher course

Jurisdiction / registrar referred incompetence as ground of complaint / complainant raised negligence & dishonest or misleading behaviour as grounds for complaint / registrar did not refer additional grounds / complainant claimed registrar omitted additional grounds / tribunal requested registrar review grounds & she affirmed them / Immigration Advisers Licensing Act 2007, s45 / Code of Conduct 2014, cl9, cl16 / tribunal had no jurisdiction to consider additional grounds / inappropriate to refer matter back to registrar in interests of finality / adviser incompetent / complaint upheld

Rubber stamping / allowing unlicensed people to manage visa application process / failure to personally obtain instructions or written agreement / adviser director of company recruiting Filipino workers / adviser had little or no contact with clients / adviser made certain information available on template forms with opportunity of electronic communications / applications handled by employee in Philippines / Code of Conduct 2014, cl1, cl2e, cl3c, cl18, cl26a / Immigration Advisers Licensing Act 2007, s442 / adviser gave no advice / adviser reliant on unlicensed employee to assist clients with applications & initiate relationship / letter of engagement inadequate discharge of personal obligation / rapid growth of business no justification / no systematic or deliberate breach of code / adviser overlooked personal obligations & failed to appreciate narrowness of clerical work exception / adviser failed to exercise due diligence & care / complaint upheld

Breach of professional obligations & Immigration Advisers Licensing Act 2007 / failure to have written agreement / failure to advise of professional responsibilities & keep proper written records / employer engaged adviser’s firm to provide a farm worker / worker needed a variation condition due to INZ investigation / worker ceased work but was still living on farm before variation granted / Code of Conduct 2014, cl1, cl2e, cl17, cl18, cl19 & cl 26 / Immigration Advisers Licensing Act 2007, s442 / adviser accepted breaches but submitted complaint should be dismissed because it related to procedural deficiencies / adviser failed to appreciate worker not employer was his client / failure a significant breach which led to multiple violations / complaint upheld.

Decision - Sanctions

Order (Sanctions)