If you want to search for a specific section of the Immigration Advisers Licensing Act 2007 or clause of the Code of Conduct 2014, you must search it as one word with no spaces or brackets. For example, if searching for section 44(2)(a) of the Act, you should enter ‘s442a’ into the keyword search and if searching for clause 19(k) of the Code of Conduct, you should enter ‘cl19k’.
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Supported Living Payment – appeal of a decision of the Benefits Review Committee. Section 219 of the Social Security Act 2018 and reg 150 of the Social Security Regulations 2018. Held that meaning of assistance is broader that financial assistance, and includes assistance to ensure continuity of care and provision essential information. Outcome: appeal allowed.
Rubber stamping / failure to personally engage with client & allowing unlicensed persons to perform immigration services / whether adviser personally undertook & controlled communication with complainant / complainant never met with adviser & only communicated with his staff / adviser involved behind the scene / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl3c / no evidence of carelessness or lack of due care / adviser did not delegate to staff work that could be regarded as immigration advice / adviser failed to personally engage with complainant / adviser absented himself completely from client relationship concerning substantive immigration work / complaint partially upheld.
Rubber stamping / appeal against Registrar’s decision declining complaint / whether contemporary evidence showing direct communication between adviser & appellant before complaint made / appellant lodged complaint she had never received immigration advice from adviser & agreement did not mention adviser’s company received commission from an English language school / Registrar dismissed complaint on basis it disclosed trivial or inconsequential matter / Immigration Advisers Licensing Act 2007, s442, s451, s54 / Code of Conduct 2014, cl2e, cl 26c / no contemporary evidence of any communication between adviser & appellant before complaint raised / inadequate investigation as to use of unlicensed staff & undisclosed commission / appeal allowed.
Sanctions decision / negligence / numerous professional failures / adviser failed to provide complainant with written agreement, invoices, receipts / failed to confirm in writing applications lodged & make timely updates / failed to inform complainant student visa declined or consequences of decline despite numerous attempts by complainant to contact her / did not maintain a well-managed filing system / Immigration Advisers Licensing Act 2007, s50, s51 / third time complaint upheld against adviser by Tribunal / adviser appeared to have learned nothing from complaints & exhibited a pattern of unprofessional conduct / adviser continuously misled complainant about application / adviser did not fully participate in disciplinary process / no apology or remorse / censured & directed to complete further training / licence suspended until training successfully completed / ordered to pay penalty of $3,000.
Rubber stamping / permitting unlicensed employees to perform immigration work / complainant dealt with adviser’s wife & unlicensed staff on immigration matters / conflict of interest / adviser a former director of complainant’s employer & still did work for it / employer controlled by adviser’s father-in-law / Code of Conduct 2014, cl1, cl2a, cl2e, cl3c, cl7a / Immigration Advisers Licensing Act 2007, s44 / business structure not set up to rely on unlicensed persons / adviser met & personally communicated with complainant / adviser unprofessional in relying on unlicensed persons to communicate with complainant / adviser failed to personally obtain instructions / adviser’s relationship to employer gave rise to actual conflict / adviser unable to provide objective advice & should have declined to act / disclosure of conflict & client’s consent does not absolve adviser from compliance with Code / complaint upheld.
Sanctions decision / dishonest or misleading behaviour / student visa / adviser filed with INZ letter from complainant’s employer to INZ falsely stating she had been granted leave to study in New Zealand & her position would be kept open / adviser did not know letter was false, but when falsity discovered by INZ adviser made untrue statement in explanatory letter to INZ / Immigration Advisers Licensing Act 2007, s50, s51 / Code of Conduct 2014, cl1, cl31 / adviser an unreliable & untruthful witness / no admission of wrongdoing or apology by adviser / Tribunal not satisfied adviser learned his lesson & protection of public requires removal from profession / adviser censured & ordered to pay $3,500 financial penalty / adviser prevented from applying for licence for six months.
Rubber stamping / permitting unlicensed advocate to perform services of licensed adviser / adviser independent contractor to advocate & represented one of advocate’s clients / advocate sent correspondence to Ministers on client’s behalf / whether advocate’s correspondence with Ministers amounted to immigration advice / Immigration Advisers Licensing Act 2007, s7, s442 / Code of Conduct 2014, cl1, cl2e, cl3c / essential element is whether advocate using knowledge & experience in immigration in communications with Ministers / mere fact advocate communicating with Ministers not of itself use of knowledge & experience / complete absence of knowledge of immigration law in advocate’s communications / complaint a warning to adviser to ensure he has sole responsibility for advice, deals directly with client & has written client agreement / complaint dismissed.
Dishonest or misleading behaviour / work visa / adviser failed to inform complainant visa was declined / adviser filed two requests for discretionary visas / adviser failed to inform complainant requests were made & declined / when complainant asked for an update adviser either did not respond or told her INZ had not made a decision / whether adviser has been dishonest / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl26b / adviser’s communications with complainant dishonest & explanations fictitious / no evidence adviser had contacted INZ / adviser concealed decline & filing of discretionary requests / complainant not informed of what happened until 17 months after application declined / adviser failed to take instructions or update complainant / complaint upheld.
Negligence / residence under skilled migrant category / complainant a manager at one company and a personal assistant (PA) at another company / adviser advised arrangement acceptable provided there was an outsourcing agreement / work visa sought & granted limited to PA role so residence declined / whether adviser negligent in advising complainant she could undertake work for two companies on visa limited to one company / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / adviser should have known outsourcing agreement not acceptable / no reasonable basis for adviser to believe complainant just doing PA work / a professional adviser would not have advised arrangement would meet visa condition / high degree of carelessness & serious consequences for complainant / disciplinary threshold met / complaint upheld.
Diligence / dishonest or misleading behaviour / student visa / whether adviser diligent in advising as to eligibility / failure to advise of decline in timely manner / whether adviser knew visa declined at time of decision & deliberately withheld it from complainant / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / advice as to eligibility not diligent / adviser dishonestly gave false reason for decline / adviser deceived complainant by pretending there was no decision / failure to update complainant on progress & notify him of decline in timely manner deliberate & dishonest / implausible adviser did not check progress or make inquiry of INZ / adviser did not engage with Tribunal / complaint upheld.
Sanctions decision / dishonest or misleading behaviour / adviser fabricated academic document & filed it with NZQA to speed up client’s application / Immigration Advisers Licensing Act 2007, s50, s51 / form of document false not content / fact adviser not motivated by personal gain a mitigating factor / isolated act & adviser promptly admitted wrongdoing / adviser censured & ordered to pay $2,500 penalty.
Negligence / numerous professional failures / student visa application declined due to insufficient funds / adviser failed to inform complainant of outcome of application or its consequences despite numerous attempts by complainant to contact her / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl5, cl18, cl22, cl23, cl26, / adviser failed to enter into separate written client agreement with complainant & did not issue any invoices or receipts for payments made by complainant / adviser failed to keep a record of communications with the complainant or advice & did not advise complainant of outcome of applications or his unlawful status / complaint upheld.
Sanctions decision / negligence / complainant did not invest funds by deadline for residence under investment category / adviser negligent in missing deadline & failing to advise complainant need to invest / complainant sought $182,057.60 in compensation for loss of potential investment income, stress & anxiety & cost of bringing remedial action & complaint / Immigration Advisers Licensing Act 2007, s50, s51 / isolated act of negligence / first complaint against adviser since she was licensed 10 years ago / doubtful Tribunal has jurisdiction to award large sums of money / complainant could take court action for breach of contract / no provision for award of costs relating to Tribunal’s process but expenses in pursuing complaint in Authority recoverable / complainant entitled to cost of remedial action & modest sum for stress & anxiety caused by delayed residence / adviser cautioned & ordered to pay $2,000 penalty / adviser ordered to pay $18,500 compensation to complainant.
Dishonest or misleading behaviour / student visa / adviser filed with INZ letter from complainant’s employer to INZ falsely stating she had been granted leave to study in New Zealand and her position would be kept open / whether adviser knew complainant had already resigned at time of filing letter with INZ / whether adviser’s explanation to INZ honest / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl31 / adviser’s conduct in guiding complainant to compile letter suspicious but no evidence refuting he did not know complainant had resigned before sending letter / false explanation given by adviser to INZ / professional person need not resign on knowing evidence filed false, but expected to help check by providing honest explanation to INZ / adviser should have terminated instructions instead of sending letter with false statement / complaint upheld.
Dishonest or misleading behaviour / fabrication of academic transcript / essential skills work visa / adviser created course content document inserting school’s logo & a footer in order to speed up client’s application / document designed to look authentic & filed with NZQA / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl31a / form not its contents false / adviser’s conduct dishonest & misleading / adviser not motivated by personal gain but no defence / complaint upheld. Dishonest or misleading behaviour / fabrication of academic transcript / essential skills work visa / adviser created course content document inserting school’s logo & a footer in order to speed up client’s application / document designed to look authentic & filed with NZQA / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl31a / form not its contents false / adviser’s conduct dishonest & misleading / adviser not motivated by personal gain but no defence / com…
Sanctions decision / negligence / numerous professional failures regarding multiple visa applications / failure to disclose in writing conflict of interest / failure to provide invoices or written client agreements to complainant / failure to confirm in writing applications lodged / failure to maintain well-managed filing system / Immigration Advisers Licensing Act 2007, s50, s51 / conduct a continuation of adviser’s poor professional engagement & record keeping / overwork did not mitigate wrongdoing / serious breach of code not to have written agreement & keep client updated / adviser appeared not to have learned from previous complaint / adviser censured, directed to enrol in professional practice course & ordered to pay $3,500 penalty.
Sanctions decision / negligence / dishonest or misleading conduct / adviser failed to inform complainant he was not eligible for citizenship & accepted money for application without undertaking any work / lack of proper file documentation / adviser failed to respond to INZ’s letter of concern & inform complainant visa declined / Immigration Advisers Licensing Act 2007, s50, s51 / misconduct serious / adviser found to be dishonest & negligent / dishonesty for personal gain / adviser gave no explanation or apology & showed no remorse / adviser censured & prevented from reapplying for licence for 2 years / adviser ordered to pay penalty of $7,000 & refund fees of $5,150.
Sanctions decision / negligence / dishonest or misleading conduct / adviser failed to inform complainant he was not eligible for citizenship & accepted money for application without undertaking any work / lack of proper file documentation / Immigration Advisers Licensing Act 2007, s50, s51 / misconduct serious / adviser found to be dishonest & negligent / dishonesty for personal gain / adviser gave no explanation or apology & showed no remorse / adviser censured & prevented from reapplying for licence for 2 years / adviser ordered to pay penalty of $7,000 & refund fees of $5,150.
Negligence / dishonest or misleading behaviour / residence under investment category / complainant did not invest funds by deadline / adviser overlooked deadline & failed to remind complainant of it / alleged adviser falsely claimed she was unaware complainant had to complete both transfer & investent by deadline / whether sufficient evidence to establish adviser’s conduct dishonest or misleading / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / proof of dishonesty requires cogent evidence / evidence ambiguous, inconsistent & unreliable / evidence did not unequivocally establish whether adviser knew deadline requirements / adviser negligent in missing delaine & failing to advise complainant need to invest / negligence complaint upheld.
Sanctions decision / negligence / unsuccessful residence visa application / adviser miscalculated appeal period & appeal dismissed for being out of time / mistake amounted to failure to exercise due diligence & care / Immigration Advisers Licensing Act 2007, s50, s51 / failure to obtain residence had significant effect on complainant / adviser showed no remorse & does not seem to have learned from experience / adviser attacked complainant, Authority & Tribunal /adviser’s attitude to disciplinary process aggravated misconduct / isolated incident but mistake not merely an excusable human error / adviser cautioned, ordered pay financial penalty of $1,000 & refund of residence application fee of $1,600.
Negligence / appeal against decision of Registrar rejecting negligence complaint / work visa / INZ requested further information / adviser failed to provide information by due date due to a clerical error / work visa declined & appellant became unlawful in New Zealand / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / adviser accepted responsibility for mistake, offered two remedial options & refunded fees / breach of cl 1 but adviser’s professional response meant complaint did not meet disciplinary threshold/ appeal rejected.
Sanctions decision / rubber stamping / adviser took over arrangement with offshore company to provide immigration services to Filipino workers / system encouraged clients to deal with unlicensed persons / adviser failed to engage with clients / work carried out by staff amounted to immigration advice / previous complaint upheld regarding same arrangement / lack of written agreement with client / Immigration Advisers Licensing Act 2007, s50, s51 / rubber stamping a serious professional violation / adviser’s conduct not deliberate / adviser misunderstood scope of clerical work / adviser failed to engage with clients even after complaint had been made / misconduct continued after warning from INZ / adviser no longer licensed / financial penalties involve punishment but also deterrence / misconduct serious & systemic / adviser censured & ordered to pay $5000 penalty.
Sanctions decision / rubber stamping / failure to have written agreement / adviser did not personally engage with complainant / adviser failed to exercise due diligence & care / incorrect information provided to INZ as to complainant’s work experience / almost $65,000 claimed in compensation / Immigration Advisers Licensing Act 2007, s50, s51 / no remorse, no apology & no apparent learning from wrongdoing by adviser / offloading client engagement to unlicensed person a serious breach / adviser a completely silent partner in relationship / filing incorrect information without checking it led to INZ’s adverse finding / adviser not to blame for INZ’s unjustified character finding / multiple breaches of Code / not the most serious form of rubber stamping / losses claimed did not arise from adviser’s professional violations / complainant suffered distress / adviser directed to complete further training / adviser censured & ordered to pay 2,500 financial penalty & $2,000 in emotional compens…
Sanctions decision / rubber stamping / failure to enter into written agreement / adviser gave complainant’s application to unlicensed person to file with INZ /application not filed / failure to personally file application breached obligation to be professional, diligent & exercise due care / Immigration Advisers Licensing Act 2007, s50, s51 / adviser abandoned complainant & application to unlicensed person which amounted to serious misconduct / adviser committed multiple errors / adviser’s first appearance before Tribunal / adviser admitted wrongdoing & refunded fees charged to complainant / adviser ordered to complete training & prevented from reapplying for licence until this is completed / adviser censured & ordered to pay $2,000 penalty
Sanctions decision / negligence / adviser did not make discretionary visa application until one year after being instructed / complainant in New Zealand unlawfully / no justifiable reason for delay / adviser did not advise complainant in writing that application had little chance of success / conduct neither professional, diligent or timely / Immigration Advisers Licensing Act 2007, s50, s51 / delay extraordinary & inexplicable / time of the essence given complainant’s unlawful status / adviser’s first appearance before Tribunal / adviser admitted wrongdoing / no evidence of actual prejudice to complainant / adviser cautioned & ordered to pay $1000 refund of fees to complainant