Ministry of Justice

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.

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 / 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 / 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.

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.

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 / 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 / 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

Negligence / dishonest or misleading conduct / failure to correctly advise client of eligibility for citizenship & provide proper documentation / adviser undertook to seek visitor visa and citizenship for complainant / no work done towards citizenship application & no documents on file despite charging fee / visitor visa declined / complainant not informed visa declined or that he was ineligible for citizenship / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl19, cl26, cl27 / adviser’s unexplained lack of proper file documentation, failure to advise complainant of eligibility & acceptance of fee dishonest / adviser failed to produce full file, provide full description of services & confirm oral advice in writing / adviser negligently failed to return family’s original documents to complainant / complaint upheld.

Dishonest or misleading conduct / lack of diligence & due care / complainant married husband twice, once in Samoa & again in New Zealand / adviser advised complainant to conceal Samoan marriage in application / adviser as JP certified police certificate before sighting it, then presented to INZ / adviser filed applications without necessary documents / Immigration Advisers Licensing Act 2007, s50, s51 / concealing marriage serious misconduct but not most egregious seen by tribunal / marriage genuine / no exploitation of vulnerable client / adviser perpetuating lies previously told by clients / adviser not driven by personal gain / certifying document of lesser gravity / document genuine / obligations concerning documents & file management not minor / adviser’s rehabilitation & personal circumstances favoured temporary removal / adviser censured, directed to take refresher course & suspended for 6 months / adviser ordered to pay $2,500 penalty & $7,465 refund of fees to complainant.

Rubber stamping / negligence / failure to have written agreement & complete file / residence application / adviser contractor for migration company operated by unlicensed person / adviser gave complainant’s file to unlicensed person to file with INZ / unlicensed person did not file application / adviser advised complainant application had been filed when it had not / Immigration Advisers Licensing Act 2007, s 442 / Code of Conduct 2014, cl1, cl2e, cl3c / cl18a / cl26 / cl28c / adviser’s responsibility to explain role & professional obligations to complainant compared to limited role of unlicensed person / failure to personally file application breached obligation to be professional, diligent & exercise due care / adviser failed to carry out complainant’s instructions / filing application not ‘clerical work’ / unlawful delegation intended by adviser but did not occur so no breach of cl3c / adviser’s professional obligation to complainant not company / complaint upheld.

Negligence / unsuccessful residence visa application / adviser miscalculated appeal period & appeal dismissed for being out of time based on out of date IPT guide / complainant arranged meeting with Citizens Advice Bureau & requested file / adviser provided key documents / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl26f / whether mistake could be made by competent, reasonable, prudent & diligent practitioner / mistake amounted to failure to exercise due diligence & care / isolated incident can still amount to a breach / reasonable for adviser to only provide key documents rather than full file given situation / carelessness or negligence not minor / prudent adviser would not have relied on hard copy IPT guide / correct period set out in INZ decision letter / prudent adviser would have consulted IPT website / complaint upheld.

Rubber stamping / facilitating immigration advice by unlicensed person / application for residence / complainant had no contact with adviser & exchanged messages with her unlicensed partner / adviser claimed she dictated messages to partner & he was merely performing clerical work / credibility issues / incorrect information provided to INZ as to complainant’s work experience / Immigration Advisers Licensing Act 2007, s 442 / Code of Conduct 2014, cl1, cl2e, cl3c, cl18c / adviser did not personally engage with complainant / adviser absent from written communications & meetings / complainant unaware adviser real author of messages & led to believe adviser’s partner responsible for application, not adviser / insufficient evidence partner gave advice / adviser engaged with application & was real author / adviser’s responsibility to check application correct / adviser failed to exercise due diligence & care / adviser failed to have written client agreement / complaint upheld.