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863 items matching your search terms

  1. [2023] NZIACDT 10 - NG v Murthy (15 March 2023) [PDF, 217 KB]

    Diligence and due care / Immigration Advisers Licensing Act 2007, s442, s50, s51 / Code of Conduct 2014, cl1, cl18a, cl26f / HELD / breaches of cl1 / adviser failed to request INZ file and missed adverse information / explanation about time-sensitive nature of application must be seen in context of delay in filing / also, failed to provide client with opportunity to review submissions / in urgent cases, may not be practical for client to review a draft, but given delays, submissions could have been reviewed / breach of cl18a / adviser accepts she did not provide a written agreement for a second s61 request / no answer that no fee was charged / no breach of cl26f / provided new adviser with file and provided further information on request / not required to also send file to subsequent advisers or provide file notes under cl26f / any failure to send full file not sufficiently serious to justify disciplinary response as new adviser did not seek further disclosure
  3. [2023] NZIACDT 5 - SM v KIM (15 February 2023) [PDF, 253 KB]

    Adviser failed to set out a full description of the services to be provided & the fees for those services in a written agreement / Immigration Advisers Licensing Act 2007, s7, s442, s50, s51 / Code of Conduct 2014, cl19e, cl19f, cl20a, cl22 / Immigration New Zealand (Calder) v Cleland [2019] NZIACDT 25 / HELD / adviser provided immigration advice and employment recruitment services to complainant in parallel without separation / in the absence of separation, the adviser’s professional obligations extend to the recruitment services / breach of cl19e and cl19f for failing to include description of recruitment services and associated fee information in written agreement / invoice provided did not contain a full description of recruitment services, but would not warrant disciplinary action / complainant’s narrative that recruitment services were not provided is rejected as false / complaint fee not fair and reasonable dismissed as no evidence provided of a reasonable fee
  4. [2023] NZIACDT 4 – TC v MacLeod (7 February 2023) [PDF, 210 KB]

    Diligence and due care / Immigration Advisers Licensing Act 2007, s442, s50, s51 / Code of Conduct 2014, cl1, cl19f, cl20a, cl20b / HELD / adviser failed to exercise diligence and due care by not sufficiently knowing forecasted revenue figure in business plan & incorrectly asserting he had a written confirmation of the wrong figure from INZ or that INZ had not referred to the correct figure previously / not professional or respectful in blaming complainant and INZ for his wrong advice / Tribunal does not accept adviser was dishonest, rather he lacked due care / adviser admitted failure to provide an estimate of time in written agreement when required by cl19f / fees charged not reasonable and time spent getting up to speed resolving the revenue discrepancy cannot be justified / complaint partially upheld    
  5. [2023] NZIACDT 3 - MT v LL (2 February 2023) [PDF, 203 KB]

    Registrar filed complaint / dishonest and misleading behaviour / adviser suggested complainant look for another job while waiting for his work visa to be approved / adviser proposed complainant obtain a variation or a new visa to support the new job / adviser failed to inform INZ that complainant no longer possessed a legitimate offer of employment from the employer / Immigration Advisers Licensing Act 2007, s442, s452, s453, / Code of Conduct 2014, cl1, cl31a / complainant expressly asked adviser not to withdraw visa application / complainant was hoping to solve the problem with training / resolution of employment dispute, through retraining, was a reasonable option for the adviser to have in mind / advice about seeking new job was intended as plan b if no resolution was reached / adviser unaware of complainant’s resort to an exploitation visa / no dishonesty or misleading behaviour / no lack of due diligence or care / complaint dismissed
  6. [2023] NZIACDT 1 - NI v Chak (5 January 2023) [PDF, 279 KB]

    Failed to provide invoices prior to receiving payment / Immigration Advisers Licensing Act 2007, s442, s50, s51 / Code of Conduct 2014, cl16a, cl22, cl26aii, cl26aiii / HELD / adviser did not provide invoices before or at the time of payment / insufficient to rely on contract and other communications allowing invoice to be constructed, without providing invoice itself / being away on travel does not excuse compliance with cl22 / further grounds of complaint dismissed / no evidence adviser deliberately or misleadingly withheld decline letter / no breach of cl16a as in-person meeting was not the initial consultation / videoconference or texts could amount to initial consultation / no breach of cl26aii or cl26aiii as these clauses do not require the creation of material that does not exist / complaint partially upheld
  7. [2023] NZIACDT 2 - DD v Pabellon (5 January 2023) [PDF, 204 KB]

    Sanctions / adviser lacked due care and diligence in submitting a hopelessly flawed EOI and residence application / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1 / HELD / first appearance before Tribunal / adviser cautioned / moderate misconduct / ordered to pay $1,000 financial penalty given early acknowledgment of error and offer of full refund / adviser acknowledges full refund (including INZ application fees) of $6,450 appropriate / compensation claim for time spent organising application not upheld as not particularised or evidenced / compensation not awarded as a matter of course, and no evidence submitted establishing abnormal stress
  8. [2022] NZIACDT 29 - EQ v McCarthy (19 December 2022) [PDF, 322 KB]

    Diligence and due care / adviser failed to maintain client’s confidence and trust / ceased engaging, did not carry out instructions & did not appropriately withdraw from providing services / filed incomplete EOIs without instructions or written agreement & did not provide updates / did not provide client file to new adviser or IAA / failed to follow internal complaints procedure & provide fair and reasonable refund / Immigration Advisers Licensing Act 2007, s442, s50, s51 / Code of Conduct 2014, cl1, cl2a, cl2e, cl15b, cl24c, cl26b, cl26e, cl26f, cl27b, cl28c / HELD / psychologist’s report on adviser does not evidence complete inability to act, could have advised client to seek alternative assistance / ill-health not a defence in this case but will mitigate sanctions / required to obtain instructions and express written approval for each immigration application / should have refunded fair and reasonable amount when ceasing services / complaint upheld
  9. [2022] NZIACDT 30 - ZK v Li (19 December 2022) [PDF, 200 KB]

    Sanctions / adviser failed to confirm oral advice in writing regarding risks of application / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl26c / HELD / first appearance before Tribunal / adviser accepted breach of cl26c / evidence shows adviser raised risks orally / adviser cautioned, censure not warranted / compensation & refund for declined application not caused by absence of written confirmation of risk, declined
  10. [2022] NZIACDT 28 - DD v Pabellon (15 November 2022) [PDF, 205 KB]

    Diligence and due care / adviser lacked due care and diligence in submitting a hopelessly flawed EOI and residence application / Immigration Advisers Licensing Act 2007, s442, s50, s51 / Code of Conduct 2014, cl1 / HELD / adviser concedes she breached cl1 / complainant could not satisfy English language criterion using uncompleted qualification & employment did not meet requirements as it was for less than 12 months / counsel’s characterisation as a one-off event at lower end of spectrum not accepted / two glaring errors, made twice / adviser is responsible for any mistakes by her staff and should have assessed the application itself / complaint upheld
  11. [2022] NZIACDT 27 - ZK v Li (8 November 2022) [PDF, 212 KB]

    Unprofessional / failure to confirm in writing details of material discussions / Immigration Advisers Licensing Act 2007, s442, s451 / Code of Conduct 2014, cl1, cl9, cl26aiii & cl26c / adviser did not confirm oral advice regarding risks in writing / cl26c is not a trivial bureaucratic obligation, oral advice is not always fully appreciated and written advice allows reflection / other grounds of complaint not established / alleged failure to recognise and advise complainant of risks contradicted by evidence / no missing written communication or file notes identified by the Registrar / complaint upheld
  12. [2022] NZIACDT 26 — DA v Ji (8 November 2022) [PDF, 121 KB]

    Sanctions / failed to disclose a conflict of interest in writing and obtain written consent, failed to maintain a client file with copies of all written and oral communications, and failed to make file available to IAA / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl5, cl6, cl26aiii, cl26e / most serious breach was failure to disclose conflict in writing and obtain client’s written consent; mitigated by verbal disclosure of conflict / five previous complaints upheld / poor disciplinary history is a significant aggravating feature / adviser censured / public require protection / adviser prevented from reapplying for licence for maximum two years / ordered to pay $2,000 financial penalty / costs claimed for compensation not caused by upheld breaches, declined
  13. [2022] NZIACDT 25 - CT v Nandan - Sanctions (3 October 2022) [PDF, 193 KB]

    Sanctions / adviser failed to provide an invoice, refund & confirm that the service contract was terminated / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl22, cl24c, cl28a / HELD / first appearance before Tribunal / lower end of misconduct / adviser cautioned / ordered to pay $500 financial penalty / partial refund of $1,500 ordered to reflect work undertaken / compensation of $500 ordered
  14. [2022] NZIACDT 24 - DA v Ji (20 September 2022) [PDF, 173 KB]

    Conflict of interest & failed to maintain a client file / Immigration Advisers Licensing Act 2007, s 442 / Code of Conduct 2014, cl3a, cl5, cl6, cl26aiii, cl26e / HELD / complaint adviser facilitated payment of employment premium not proven, conflicting evidence about purpose of payment / breach of cl5 & cl6 / adviser was also a director of the restaurant employing the complainant but did not disclose the conflict in writing or obtain written consent / breach of cl26aiii & cl26e / client file contained limited communications with complainant and none with their employer, and adviser did not provide the same to the IAA / complaint partially upheld
  15. [2022] NZIACDT 23 - TQ v Gibson - Sanctions (7 September 2022) [PDF, 107 KB]

    Sanctions / diligence and due care / adviser failed to reply to PPI letter, provide timely updates, or inform complainant their application was declined / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl26b / HELD / isolated occasion of wrongdoing that had serious consequences, as complainant’s residence application was declined / adviser acknowledged mistake and apologised, improved business practices and hired additional help & fully refunded fees that were paid to prior business owner ($10,000) / adviser cautioned / ordered to pay $1,000 financial penalty / compensation of $2,000 awarded for distress, considering the full refund and the financial penalty ordered
  16. [2022] NZIACDT 22 - SU v Murthy (Sanctions) (29 August 2022) [PDF, 202 KB]

    Sanctions / diligence and due care / adviser was late seeking an NZQA assessment / no service contract for work visa / no written confirmation given of termination of services or oral advice / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl18a, cl26c, cl28a / HELD / second appearance before Tribunal / adviser censured & directed to undertake further training due to deficient systems and understanding of professional obligations / ordered to pay $1,500 financial penalty / claim for refund of fees ($3,553) upheld, including the $445 NZQA fee which was paid late and without checking whether the client still wished to proceed / compensation claim not upheld as not particularised or evidenced 
  17. [2022] NZIACDT 21 - CT v Nandan (18 August 2022) [PDF, 215 KB]

    Adviser failed to provide an invoice, refund & confirm that the service contract was terminated / Immigration Advisers Licensing Act 2007, s7, s442, s50, s51 / Code of Conduct 2014, cl1, cl22, cl24c, cl28a / HELD / adviser surrendered licence to become a lawyer / breach of cl22 / did not provide invoice for client’s payment / breach of cl24c / after surrender of licence, service contract was effectively terminated / obliged to refund deposit, less value of work done and invoiced / eventual offer to refund was 19 months after initial request / initial refusal on the basis contract prohibited refunds for change of mind contrary to cl24 / client entitled to “fair and reasonable” refund per cl24a & cl24c / breach of cl28a / did not confirm contract termination in writing / name suppression refused / presumption in favour of publication not displaced / complaint upheld
  18. [2022] NZIACDT 20 - XZ v Liu (10 August 2022) [PDF, 206 KB]

    Sanctions / diligence and due care / gave incorrect advice to client about whether they could enter New Zealand, delaying return and employment / honest mistake but not advice a reasonable, prudent and diligent practitioner would give / Immigration Advisers Licensing Act 2007, s3, s50, s51 / first appearance before Tribunal / isolated incident of wrong advice that had severe consequences / low level wrongdoing / adviser cautioned, rather than censured / ordered to pay $1,000 financial penalty / no justification for refund of successful residence application fees / compensation claim partially upheld for lost wages / Tribunal may award reasonable compensation; a contribution towards losses and expenses, not an indemnity / large compensation claims cannot avoid usual civil process / four weeks gross wages ($4,480) awarded for loss of income
  19. [2022] NZIACDT 19 – TA v Tian (Sanctions) (25 July 2022) [PDF, 185 KB]

    Sanctions / dishonest behaviour / numerous breaches of obligations over multiple applications / false representations about application status and completed work while doing nothing / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl9, cl18a, cl26a, cl29a / HELD / high end of misconduct / in addition to deceit, 16 breaches of obligations / fourth upheld complaint against adviser with a pattern of deceitful conduct / did not engage with disciplinary process in a meaningful way / grave consequences for complainant / adviser censured / prevented from reapplying for maximum period of 2 years / ordered to pay $8,000 financial penalty / compensation of $27,145 ordered ($20,955 for wasted polytechnic fees, $1,150 for first s61 request after wrongdoing uncovered, and $5,000 emotional distress)  / costs for legal fees on complaint not awardable / fees for further immigration applications did not arise from adviser’s wrongdoing, disallowed
  20. [2022] NZIACDT 18 - TQ v Gibson (25 July 2022) [PDF, 209 KB]

    Diligence and due care / adviser failed to reply to PPI letter or inform complainant their application was declined / Immigration Advisers Licensing Act 2007, s7, s442, s50, s51 / Code of Conduct 2014, cl1, cl26a / HELD / adviser did not engage with Tribunal / breaches of cl1 / lack of professionalism, diligence and due care in failing to substantively respond to PPI letter, compounded by not obtaining urgent instructions after being reminded by INZ / failure to inform complainant of application outcome, or reply to complainant’s emails regarding work visa and residence application, also constitute breaches of cl26a / dishonesty or misleading conduct allegation not upheld, as adviser did not know of decline decision before being told by complainant / complaint upheld
  21. [2022] NZIACDT 17 - SU v Murthy (18 July 2022) [PDF, 305 KB]

    Diligence and due care / adviser failed to check whether staff had correctly filed NZQA application & did not personally check after being asked by client / Immigration Advisers Licensing Act 2007, s7, s442, s50, s51 / Code of Conduct 2014, cl1, cl18a, cl26c, cl28a, cl29f / HELD / breach of cl1 / failing to check on NZQA application for two months is an unacceptable delay / dishonesty allegations not established / adviser’s responses to client regarding NZQA application inquiries in good faith, not dishonest / belatedly paid NZQA fee after complainant terminated work visa services / should have checked client wished to proceed, but payment not dishonest because of belief NZQA application services had not been terminated / advice that EOI selections would recommence unduly optimistic, not deceitful / breach of cl18a / no service contract for work visa / breach of cl28a & cl26c / no written confirmation of termination of services or oral advice given / complaint upheld
  22. [2022] NZIACDT 16 GX v Registrar (5 July 2022) [PDF, 182 KB]

    Appeal against Registrar rejecting complaint / complaint adviser used misleading and invalid agreements, did not provide or explain Code of Conduct and internal complaints procedure, asked to charge a higher fee, required payment in cash & in breach of contract / Registrar rejected complaint on basis it disclosed only a trivial or inconsequential matter / Immigration Advisers Licensing Act 2007, s7, s442, s451, s54 / Code of Conduct 2014, cl1, cl17, cl18b, cl19m, cl19n / Ekanayake v Registrar of Immigration Advisers [2015] NZIACDT 67 / Immigration New Zealand (Calder) v Cleland [2019] NZIACDT 25 / HELD / file evidences breaches of cl1, cl17, cl18b, cl19m & cl19n / as objective of tax residency work was to secure visa, tax work captured by “immigration advice” definition / failure to recognise this meant adviser entered into agreement without following Code obligations / other complaints not established / Registrar exercised discretion reasonably and lawfully / appeal rejected
  23. [2022] NZIACDT 15 - BC v Lawlor (29 June 2022) [PDF, 218 KB]

    Sanctions / negligence / numerous breaches of Code / failed to file requests / failed to identify clients’ ineligibility / failed to get approval to change visa category / failed to have written agreement / failed to respond to INZ letter / failed to inform clients they were unlawful & provide updates / failed to advise outcome / did not ensure payment for reconsideration application / failed to confirm details of material discussions in writing / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl18a, cl26aiii, cl26b, cl26c / HELD / adviser accepted wrongdoing / first appearance before Tribunal / serious professional failures with significant consequences / adverse publicity a usual consequence, of limited relevance for sanctions / health issues at the relevant time / adviser censured / no training directed as misconduct explained by health / $2,000 financial penalty ordered / no submissions for refund or compensation, none ordered
  24. [2022] NZIACDT 14 - XZ v Liu (27 June 2022) [PDF, 220 KB]

    Diligence and due care / adviser gave incorrect advice to client about whether they could enter New Zealand / originally gave correct advice, but in later correspondence, failed to correctly identify the relevant start date of client’s visa / assumed date of INZ letter was the same as visa start date / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / Immigration Act 2009, s62 / HELD / adviser admitted mistake / breach of cl 1 / faced with simple question and relevant instruction is uncomplicated / expected to correctly know facts and INZ criteria when giving advice on critical matter such as returning to NZ to undertake employment / adviser should have double-checked and followed up later if facing difficulties communicating / although common, not invariable that date of visa letter will align with start date / momentary lapse in concentration, but not an excusable human error / complaint upheld 
  25. [2022] NZIACDT 13 – BU v McCarthy (20 June 2022) [PDF, 108 KB]

    Sanctions / dishonest behaviour / failed to lodge a s 61 request after accepting instructions and payment to do so / deliberately deceived client into believing request had been made for about 18 months / Immigration Advisers Licensing Act 2007, s3, s50, s51 / HELD / first appearance before Tribunal / adviser provided no explanation & did not engage with Tribunal / conduct exacerbated by contempt for disciplinary process / serious misconduct with serious consequences for client / adviser censured / no longer licensed / prohibited from applying for a licence for the maximum period (two years) in light of attitude to disciplinary process & no confidence adviser has learned anything / ordered to pay $4,000 financial penalty / claim for refund of fee ($4,025) not opposed, upheld / award of $2,000 compensation for emotional distress