Ministry of Justice

Sanctions / adviser terminated engagement after undertaking considerable work in respect of applications for complainant and her family / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl17b, cl18b, cl28c / three breaches of Code / adviser’s first appearance before Tribunal / low overall gravity of wrongdoing / adviser accepted disciplinary findings and has since introduced improvements in practice / adviser cautioned and fined $500

Professional responsibilities and professional practice / dishonesty / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl8a, cl8c, cl13a, cl14, cl17a, cl17b, cl17c, cl18b, cl22, cl26e / adviser dishonestly informed complainant a visa application had been made and was under assessment by INZ / dishonestly advised complainant that interim visa had been issued and she was not overstaying / filed s 61 request for discretionary visa without instructions / falsely informed complainant only agent could contact INZ regarding application / failed to carry out and acted contrary to complainant’s instructions / failed to explain significant matters in agreement, professional responsibilities owed and complaints procedure / failed to act under direct supervision of supervisor under conditions of provisional licence / failed to inform client of being provisionally licensed and provide evidence of licence / complaint upheld / sanctions to follow

Professional responsibilities and professional practice / dishonesty / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2a, cl2e, cl8a, cl8c, cl13a, cl14, cl15a, cl17a, cl17b, cl17c, cl18b, cl19c, cl19m, cl19n, cl22, cl26e / adviser dishonestly advised clients that application for visas had been filed and that grant of visas was imminent / adviser filed application five days later / adviser dishonestly withheld draft application and INZ’s letters to conceal misleading conduct / failed to obtain clients’ instructions / declined to engage with Authority and Tribunal / provided no written service agreement / failed to act under direct supervision of supervisor under conditions of provisional licence / failed to inform client of being provisionally licensed and provide evidence of licence / failed to respond to INZ’s correspondence seeking information about clients / complaint upheld / sanctions to follow

Professional responsibilities and professional practice / dishonesty / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl8a, cl8c, cl13a, cl14, cl18a, cl26e / adviser dishonestly offered residency-qualifying job in exchange for substantial payment / client had already paid significant fees for visa and supposed employment agreement / discussions involved significant staged payments, inflated salary and structured costs to facilitate residence, indicating alleged job‑selling and immigration fraud / adviser knew advice to client was in contravention of immigration and employment legislation / provided no written service agreement / failed to act under direct supervision of supervisor under conditions of provisional licence / failed to inform client of being provisionally licensed and provide evidence of licence / complaint upheld / sanctions to follow

Sanctions / dviser failed to confirm in writing discussions with client relating to incomplete financial evidence / adviser unprofessionally communicated with tertiary institute following decline of student visa, taking potentially damaging gratuitous ‘swipe’ at client once engagement was terminated / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl26c / two breaches of Code / adviser’s first appearance before Tribunal / low overall gravity of wrongdoing / adviser accepted disciplinary findings and has since introduced improvements in practice to record and confirm material discussions in writing / adviser cautioned and fined $1,000

Sanctions / adviser failed to disclose in writing to client a potential conflict of interest given familial connection to director of sponsor employer / familial connection risked compromising adviser’s ability to provide objective immigration advice / failed to provide written services agreement / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl5, cl6, cl18a, cl20c / four breaches of professional obligations / adviser’s failure to have written agreement and to properly disclose conflict and obtain client’s consent to continued representation are not minor matters / gravity of the wrongdoing at lower end of moderate spectrum / adviser’s failure to have agreement inadvertent / first appearance in nine years of practice / adviser has made improvements to practice / adviser censured / no training order required given rehabilitative efforts / adviser fined $2,000 

Sanctions / complainant engaged adviser to seek visa for adult daughter / adviser incorrectly advised complainant that the client was beyond the dependence age and could only apply for a visitor, student or work visa / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl5, cl6, cl19l, cl26f / five failures of five professional obligations / wrongdoing involved undisclosed eligibility for commission for acting as school’s agent / incorrect advice for resident visa eligibility had severe consequences for client / lack of diligence and due care / immaterial that complainant did not follow internal complaints procedure / first appearance / adviser has no insight into wrongdoing, no remorse, and offers no apology / adviser censured / no training order required as adviser relinquished licence / $1,500 financial penalty / adviser ordered to pay $9,145.25 in compensation, reflecting visa and tuition fees, and emotional harm to complainant and client 

Sanctions / adviser failed to lodge complainant’s work visa application and carelessly represented that it had been filed / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl17a, cl17b, cl17c, cl19f, cl19g, cl19h / four heads of complaint involving breach of eight obligations in Code / adviser has acknowledged wrongdoing and made considerable efforts to improve practice / adviser’s medical circumstances provide some explanation but do not justify wrongdoing / third complaint upheld against adviser / adviser censured / no retraining, suspension or cancellation necessary in light of steps taken / adviser fined $2,500 financial penalty / adviser ordered to pay $2,281 in compensation, reflecting costs of visitor visa and emotional distress exacerbated by adviser’s misleading behaviour

Sanctions / adviser failed to respond to client’s text messages and was dilatory in filing visa application / visa application filed more than five months after ascertaining required information / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl22, cl24a, cl24b, cl24c, cl25a, cl25b, cl25e, cl25f, cl26a, cl26c, cl26d, cl26e, cl28a, cl28c / first appearance before Tribunal / adviser held provisional licence at time of wrongdoing / gravity of wrongdoing at high end of moderate level / unprofessional conduct aggravated by her failure to participate in the disciplinary process / breadth of wrongdoing and lack of participation in disciplinary process necessitate further professional training before return to profession / adviser censured / prevented from reapplying for licence prior to completion of professional development course / ordered to pay $5,000 financial penalty

Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl26c / client engaged adviser to seek student visa / INZ declined application as it was not accepted he would be genuine student and his financial documentation was inadequate / evidence did not support allegation that adviser instructed client to create false narrative to explain gap in tertiary studies / dishonest or misleading behaviour not proven / evidence did not support allegation that adviser failed to properly review and update relevant financial documents before filing / adviser had alerted client of issues with documents on multiple occasions / however, adviser failed to confirm in writing discussions with client relating to incomplete financial evidence / breach of cl26c / adviser unprofessionally communicated with tertiary institute following decline of visa / breach of cl1 / complaint partially upheld / sanctions to follow

Sanctions / adviser provided incorrect information in visa application, resulting from inadequate communication with complainant / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl18b / incorrect information contributed to decline of application though not primary cause of decline / gravity of wrongdoing towards lower end of spectrum / adviser and agency engaging her accepted the Tribunal’s decision and implemented improvements to comply with Tribunal’s ruling prior to issuing its decision / first appearance in six years of practice / isolated instance of wrongdoing / adviser cautioned / censure and training orders not warranted / ordered to pay $500 financial penalty

Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl5, cl6, cl18a, cl20c / adviser failed to disclose in writing to the client a potential conflict of interest given familial connection to director of sponsor employer / familial connection risked compromising adviser’s ability to provide objective immigration advice / no evidence of any hidden benefit from arrangement / adviser failed to provide written services agreement / additional services provided by adviser in respect of employment, accommodation and settlement inextricably linked to immigration services / other services provided subject to professional obligations under Act and Code / no evidence fee charged not fair and reasonable / no agreement in writing to apparent change in terms of payment from those agreed at commencement / complaint partially upheld / sanctions to follow

Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl17a, cl17b, cl17c, cl19f, cl19g, cl19h / failure to lodge complainant’s work visa application / failure to provide complainant summary of licensed adviser’s professional responsibilities, nor explain them / failed to advise of internal complaints procedure or provide explanation / acknowledgements in services agreement not separately signed or initialled / adviser’s engagement with spouse can be sufficient compliance / failure to specify fees and disbursements in agreement / lack of professional manner in communications with the complainant and spouse / adviser admits he was negligent or lacked due care, citing travel and health issues / no evidence of dishonesty / communications nonetheless unprofessional / breaches of alternative negligence heads dismissed / complaint partially upheld / sanctions to follow