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Search results

803 items matching your search terms

  1. [2022] NZIACDT 3 - IL v Khetarpal (10 February 2022) [PDF, 140 KB]

    Due care / adviser failed to inform client salary did not meet immigration instructions, and filed son’s application under wrong visa category / failed to disclose she was providing advice pursuant to interim order of District Court as required / failed to inform client of and obtain instructions on INZ letter / also failed to provide client with written agreement & client file to IAA / Immigration Advisers Licensing Act 2007, s442, s Code of Conduct 2014, cl1, cl2e, cl3a, cl18a, cl26e / adviser did not contest allegations / breach of cl1 in not advising income did not meet instructions & making visa application under wrong category  / breach of cl3a in not disclosing she was providing advice pursuant to interim order, in breach of District Court order / failure to take instructions a technical breach of cl2e, but not material as no allegation that reply was inadequate / breach of cl18a & cl26e in not providing written agreement to client & client file to IAA / complaint upheld
  2. [2022] NZIACDT 1 - ZI v Wan (19 January 2022) [PDF, 208 KB]

    Diligence and due care / client breached visa conditions by travelling offshore twice without their child while holding a guardian visitor visa / visa required that client live with their child in NZ / first trip involved a family emergency / adviser failed to lodge a separate variation application, instead relying on immigration officer’s failure to object while questioning departure / second trip was to gather evidence for residence visa application / adviser failed to inform client that INZ refused a temporary exemption to visa condition, or warn of consequences of departing in breach / Code of Conduct 2014, cl1 / Immigration Advisers Licensing Act 2007, s442 / breach of cl1 found / adviser accepts he should have made formal variation application, and should have informed client of adverse decision and advised of risks and options / complaint upheld
  3. [2021] NZIACDT 26 - RH v Ji - Sanctions (23 December 2021) [PDF, 277 KB]

    Sanctions / dishonest behaviour / deliberately misled INZ and IAA / conflict of interest / numerous breaches of obligations / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl5, cl7a, cl17a, cl17b, cl17c, cl18b, cl19l, cl22, cl31a / adviser did not engage with Tribunal until sanctions stage / found to have notice of proceedings / did not accept more serious findings / explanation that behaviour not dishonest, rejected / three previous disciplinary findings, including dishonesty / adviser censured / has not learned from prior appearances, not worthwhile to order training / prevented from reapplying for licence for maximum two years / prevention is sanction of last resort, consumers protection required / supervision not adequate / ordered to refund $1,000 fees / compensation must arise from misconduct / ordered to compensate $1,000 for stress / compensation for complainant’s labour compiling complaint, declined / ordered to pay $5,000 financial penalty
  4. [2021] NZIACDT 25 – RH v Ji (8 November 2021) [PDF, 211 KB]

    Dishonest behaviour / adviser deliberately misled INZ and the IAA / conflict of interest / numerous breaches of obligations / Immigration Advisers Licensing Act 2007, s 442 / Code of Conduct 2014, cl1, cl5, cl7a, cl17a, cl17b, cl17c, cl18b, cl19l, cl22, cl31a / adviser did not engage with Tribunal / blamed an unknown offshore adviser and translation mistake for past false information / actually had a business relationship with that adviser, and was told false information was deliberate / acted without disclosing actual conflict of interest / could not objectively explain false information given business relationship / failed to send client the INZ response letter before and immediately after submitting it / failed to explain significant matters in written agreement & provide complaints procedure & summary of professional responsibilities / unintentionally failed to provide invoice / declined to consider whether advisers have wider obligation, outside of resolving client’s situation, to…
  5. [2021] NZIACDT 24 - HT v Shaikh – Sanctions (7 October 2021) [PDF, 195 KB]

    Sanctions / failure to be professional, diligent and exercise due care / application not made on time due to absence of supporting document / adviser not aware document was returned by complainant before application deadline / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1 / first complaint against adviser / consequences serious as complainant became unlawful, but unknown whether application would have been successful & of any further consequences / adviser cautioned / no public interest in punitive sanction / no financial penalty ordered
  6. [2021] NZIACDT 23 - CL v Khetarpal (24 September 2021) [PDF, 228 KB]

    Sanctions / dishonest and misleading behaviour / dishonestly advised visa was being processed when it was declined & applied for discretionary relief without instructions / supported applications with false declaration, obtained by mistranslating content / numerous other breaches of professional obligations / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl8c, cl18a, cl22, cl26a, cl26b, cl26e, cl26f, cl28a, cl28b / misconduct involving dishonesty at serious end of spectrum / Tribunal has previously upheld three complaints against adviser / sustained history of serious misconduct / aggravated by contempt for disciplinary process / unfit to be a member of the profession & consumers require protection / adviser censured / prevented from renewing licence for maximum two years / directed to refund $3,246 fees / directed to compensate $10,640.81 for legal fees to regularise status & $5,000 for distress / ordered to pay $7,000 financial penalty
  7. [2021] NZIACDT 22 – TC v Registrar of Immigration Advisers (3 September 2021) [PDF, 141 KB]

    Negligence / appeal against Registrar rejecting complaint / adviser in error in advising that residence application could be made offshore / corrected error before application deadline ended but complainant already departed NZ / adviser failed to satisfactorily apologise / Registrar rejected complaint on basis it disclosed trivial or inconsequential matters / Immigration Advisers Licensing Act 2007, s 442, s451, s54 / Code of Conduct 2014, cl 1 / not accepted error caused loss of the chance of residence / adviser discovered mistake after appellant left NZ but before his planned resignation from employment / appellant could have returned to NZ / Registrar has discretion in deciding to pursue complaints / disciplinary threshold not reached / adviser eventually gave correct advice before it was too late, and refunded fee and other costs / failure to satisfactorily apologise thoughtless rather than deliberate, could not justify formal disciplinary process / appeal rejected.
  8. [2021] NZIACDT 21 - BU v Registrar (27 August 2021) [PDF, 113 KB]

    Negligence / appeal against Registrar rejecting complaint / solicitor failed to forward INZ email to adviser for response / adviser worked as a contractor to law firm / Registrar rejected complaint on basis it did not meet statutory criteria / Immigration Advisers Licensing Act 2007, s 442, s451, s54 / INZ was given contact details of solicitor and adviser & was entitled to send email to solicitor only / solicitor required to forward email to adviser / Tribunal only has jurisdiction over adviser / adviser not at fault / failure to provide apology and explain delay to INZ not unprofessional / appeal rejected.
  9. [2021] NZIACDT 20 – HT v Shaikh (27 August 2021) [PDF, 235 KB]

    Unprofessional / failure to be professional, diligent and exercise due care / adviser reviewed documents on the evening before visa application deadline & noticed issue / failed to check whether client returned document that evening / failure to refund INZ application fee / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / adviser knew client’s situation urgent / left document review too late / did not check for client’s response with client or employee / immaterial adviser very busy / threshold for adverse disciplinary finding met / breach of cl1 / multiple failures / adviser responded professionally to errors / failure to refund application fee does not meet disciplinary threshold / client did not ask for refund before complaint / refund made / complaint upheld
  10. [2021] NZIACDT 19 ZK v Registrar (20 August 2021) [PDF, 250 KB]

    Negligence / appeal against Registrar rejecting complaint / complaint adviser should have known visa application had no prospect of success / visa criteria relating to income could not be met by relying on retainer or commission as income / Registrar considered adviser’s work competent & did not address income complaint / Registrar rejected complaint on basis it disclosed trivial or inconsequential matter / Immigration Advisers Licensing Act 2007, s 442, s451, s54 / Code of Conduct 2014, cl1, cl9, cl26aiii & cl26c / evidential foundation for allegations established / allegation adviser aware of income issue at outset & complainant not advised of risks / appeal allowed
  11. [2021] NZIACDT 18 - CL v Khetarpal (10 August 2021) [PDF, 242 KB]

    Dishonest and misleading behaviour / adviser provided dishonest and misleading information to the complainant & INZ / numerous breaches of professional obligations / Immigration Advisers Licensing Act 2007, s442, s451 / Code of Conduct 2014, cl1, cl2e, cl8c, cl18a, cl22, cl26a, cl26b, cl26e, cl26f, cl28a, cl28b / adviser refused to engage with disciplinary process / uncontested evidence / did not respond to INZ or provide documents / dishonestly reported to complainant & concealed decline decision / prepared statutory declaration & mistranslated the contents / applied for s61 visa without instructions & Ministerial intervention after retainer terminated, both supported by false declaration / failed to provide written agreement and invoice / failed to confirm termination in writing / did not explain adviser held a provisional licence / failed to provide client file to new solicitor / failed to send file to IAA & maintain complete file / complaint upheld
  12. [2021] NZIACDT 17 - TI v Malcolm (20 July 2021) [PDF, 199 KB]

    Sanctions / misleading behaviour / adviser failed to take due care, misled complainant about when and whether application filed, did not pass on INZ letter, failed to reply to inquiries or make client file available to Registrar / Immigration Advisers Licensing Act 2007, s3, s50, s51 / starting point is the seriousness of misleading conduct, having lied to client / aggravated by refusal to engage with disciplinary process / no confidence adviser would change practices, comply with Code, or conduct himself honestly in future / failure to explain circumstances, express remorse, demonstrate learning, or show fitness to practice / renewal of licence prevented for two years  / adviser censured & directed to undertake further training before applying to be relicensed / claim for compensation for lost wages does not show claimed losses arose from adviser’s wrongdoing / adviser directed to refund $850 fee / adviser ordered to pay $2,000 financial penalty
  13. [2021] NZIACDT 16 - EM v Yong (13 July 2021) [PDF, 111 KB]

    Sanctions / rubber stamping / adviser failed to engage with complainant & left communications to unqualified staff / rubber stamping intentional, but not a knowing breach of the Code / wrongly thought practice permitted, as in Australia / Immigration Advisers Licensing Act 2007, s3, s50, s51 / lower end of rubber stamping spectrum / first appearance before Tribunal / adviser admitted breaches, cooperated, refunded 30 per cent of fee, changed practices & completed refresher course / full refund of fee not required as not shown adviser’s wrongdoing caused any loss / adviser censured / adviser directed to refund 50 per cent of fee / adviser ordered to pay $1,000 financial penalty
  14. [2021] NZACDT 14 - YC v Wan (29 June 2021) [PDF, 133 KB]

    Sanctions decision / diligence / failure to respond to INZ / failure to obtain and carry out client instructions & provide advice / failure to ensure client agreement contained name and licence number of other adviser providing advice & required provisional licence details / failure to update client / failure to provide full file on request from new adviser / Immigration Advisers Licensing Act 2007, s3, s50, s51 / first appearance before Tribunal / accepted wrongdoing, improved business process / as provisional licence holder not identified in agreement, adviser’s responsibility to undertake work & maintain direct relationship with client / not rubber stamping & client intended to engage provisional licence holder / training not ordered due to isolated mistakes and demonstrated learning / reasonable compensation not an indemnity, but contribution / adviser ordered to refund fee and compensate $2,360 / adviser ordered to pay $1,000 financial penalty
  15. [2021] NZACDT 15 - YC v Han (29 June 2021) [PDF, 99 KB]

    Sanctions decision / failure to ensure client agreement contained provisional licence holder details / failure to update client / Immigration Advisers Licensing Act 2007, s3, s50, s51 / first appearance before Tribunal / provisional licence holder at time of misconduct / accepted wrongdoing, improved business process / provisional licence holder obligated to ensure written agreement covers them and their work, but not as serious as no written agreement at all / adviser cautioned / adviser ordered to pay $500 financial penalty
  16. [2021] NZIACDT 13 - TI v Malcolm (8 June 2021) [PDF, 220 KB]

    Misleading behaviour / advised failed to submit application on time & concealed application had not been submitted / did not pass on INZ letter to complainant / Immigration Advisers Licensing Act 2007, s50, s51 / Licensed Immigration Advisers Code of Conduct 2014, cl 1, cl2a, cl26b, cl26e / lack of due care / application urgent and straightforward / should have been made earlier, including copy of passport & online to speed up processing / failed to advise of and respond to INZ letter / adviser misled complainant as to when application would be filed and lied, blaming delay on INZ / clause in agreement not to contact INZ not found to be scheme to mislead / failure to communicate, provide advice and reply to INZ letter a breach of trust and confidence / failed to update complainant / adviser failed to provide copy of client file to Registrar / complaint upheld
  17. [2021] NZIACDT - 12 EM v Yong (3 June 2021) [PDF, 164 KB]

    Rubber stamping / permitting unlicensed employees to perform immigration work / adviser failed to engage with complainant & had his staff communicate with them / closely supervised staff / operated offshore / Immigration Advisers Licensing Act 2007, s7, s44 / Code of Conduct 2014, cl1, cl2a, cl2e, cl3c / conduct not negligent or lacking due care / deliberate but not knowingly a breach of the Code / adviser failed to personally maintain relationship of confidence and trust or provide advice / failed to obtain and carry out instructions / failed to conduct himself in accordance with Act / complaint upheld
  18. [2021] NZIACDT 11 - YC v Han (19 May 2021) [PDF, 210 KB]

    Provisional adviser / not named in client agreement / no details of provisional adviser in agreement / / failure to confirm application filed and provide timely updates / provisional adviser supervised by adviser / provisional adviser went on leave / no response to PPI letter, so complainant’s visa declined / Code of Conduct 2014, cl1, cl18a, cl19c, cl26b / Immigration Advisers Licensing Act 2007, s422 / no breach of cl1 / failure to inform INZ provisional adviser on leave did not meet disciplinary threshold / supervisor responsible for non-response to PPI letter / no breach of cl18a / written agreement provided, but did not contain provisional adviser’s name or details / should have advised complainant about PPI letter and extension request / complaint upheld
  19. [2021] NZIACDT 10 - YC v Wan (19 May 2021) [PDF, 238 KB]

    Diligence / failure to ensure response to INZ letter / adviser supervising provisional adviser / provisional adviser not named in client agreement / complainant advised by provisional adviser, who went on leave pending INZ reply to extension request / complainant’s visa declined / failure to engage with complainant / failure to update complainant / complainant not told of PPI letter / failure to provide full copy of file when requested / Code of Conduct 2014, cl1, cl2a, cl2e, cl19a, cl19c, cl26b, cl26f / Immigration Advisers Licensing Act 2007, s422 / adviser not professional or diligent in following up & failed to respond to PPI letter / should have met with complainant and provided updates / complaint upheld
  20. [2021] NZIACDT 9 - SL v Mackintosh (5 May 2021) [PDF, 227 KB]

    Sanctions decision / negligence / dishonest or misleading behaviour / adviser concealed decline of visa application from complainant and the reason for the decline / also advised complainant could work on interim visitor visa / dishonesty continued over eight months / Immigration Advisers Licensing Act 2007, s50, s51 / first appearance before Tribunal / accepted wrongdoing, offered refund following complaint / adviser suffering from serious medical condition, does not excuse conduct but considered in mitigation / adviser censured & directed to undertake further training / adviser directed to refund fee and pay compensation of $1,000 / adviser ordered to pay $2,000 financial penalty
  21. [2021] NZIACDT 8 - KX v Ji (12 April 2021) [PDF, 140 KB]

    Sanctions revised / cancellation of licence / adviser sanctioned for dishonest & misleading behaviour / adviser directed to complete further training / advisor’s full licence suspended until training complete / adviser prevented from applying for provisional licence due to suspension / registrar suggested cancellation of adviser’s full licence to enable application for provisional licence / adviser consented / Immigration Advisers Licensing Act 2007, s292 / sanctions decision amended and adviser’s licence cancelled.
  22. [2021] NZIACDT 7 - IMH v Marica (22 March 2021) [PDF, 218 KB]

    Sanctions decision / negligence / dishonest or misleading conduct / adviser failed to file renewal application on time due to mistake in file records / complainant not informed of mistake or unlawful status / concealment of error deliberate & misleading / adviser failed to exercise due care & should have checked expiry date / Immigration Advisers Licensing Act 2007, s50, s51 / fundamental mark of a professional to be honest in communicating with client / failure to inform complainant of unlawful status a serious omission / second complaint against adviser / adviser cooperated with disciplinary process & acknowledged wrong doing / adviser’s health a mitigating factor / adviser’s income materially affected by  health & border closure / adviser censured & directed to undertake further training / adviser ordered to pay $1,500 financial penalty
  23. [2021] NZIACDT 6 - TB v Registrar of Immigration Advisers (22 March 2021) [PDF, 212 KB]

    Dishonest or misleading behaviour / appeal against Registrar rejecting complaint / residence visa under skilled migrant category / adviser advised appellant he had sufficient points based on him having a level 7 qualification when he only had level 6 / appellant alleged adviser took money knowing he was ineligible for visa / Immigration Advisers Licensing Act 2007, s442, s451 / no evidence of dishonesty / both parties incorrectly assumed qualification at level 7 & adviser proceeded on that basis / adviser lacked due care in considering level of qualification but complaint not justified / appellant should have known level of qualification & adviser made partial refund / appeal rejected.
  24. [2021] NZIACDT 5 - KG v Registrar of Immigration Advisers (22 March 2021) [PDF, 236 KB]

    Negligence / appeal against Registrar rejecting complaint / appellant aggrieved about adviser making various mistakes / adviser advised appellant he was eligible for residence based on recognition of industry experience & overseas qualification but recognition limited / Registrar deemed complaint trivial or inconsequential / adviser acknowledged mistakes, apologised & offered partial refund / Immigration Advisers Licensing Act 2007, s442, s451 / Code of Conduct 2014, cl1, cl4, cl24a / no evidence of wrong advice as to immigration criteria or processes / mistake a misunderstanding about requirements of vocational registration not immigration instructions / advice about vocational registration a shared responsibility / biographical & typographical mistakes not widespread & did not cause harm / refusal of refund a breach of Code but adviser eventually offered refund & apologised / appeal rejected.
  25. [2021] NZIACDT 4 - SL v Mackintosh (4 March 2021) [PDF, 271 KB]

    Negligence / dishonest or misleading behaviour / negligence / adviser concealed decline of visa application from complainant and the real reason for the decline / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl26b / adviser’s conduct dishonest and misleading / failure to provide updates and obtain instructions dishonest rather than negligent / gave false information about processing status of information / advice that complainant could work on interim visa negligent / complaint upheld.