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Search results

800 items matching your search terms

  1. LT v SH [2019] NZIACDT 57 (7 August 2019) [PDF, 174 KB]

    Breach of professional obligations and Immigration Advisers Licensing Act 2007 / providing misleading information / visitor visa application declined due to failure to declare previous exclusion from Australia / complainant assisted by an education agent / alleged agent was unlicensed subagent of adviser / in explaining earlier failure to declare, adviser sent letter to INZ  which made no mention of unlicensed advice / futile application / Code of Conduct 2014, cl1, cl9a, cl9b / Immigration Advisers Licensing Act 2007, s44 / no lack of due care / no evidence agent was a subagent of adviser / client aware of risk of failure / failure to obtain written acknowledgment of risks not sufficiently serious to meet threshold in this case / complaint dismissed.
  2. NTT v Gong [2019] NZIACDT 56 (5 August 2019) [PDF, 167 KB]

    Breach of professional obligations and Immigration Advisers Licensing Act 2007 / failure to properly document professional relationship / work visa application / adviser knew complainant socially / no written agreement for immigration services / communications not formalised / fees paid but not deposited and invoices not issued / failure to provide fully copy of file/ adviser claimed internet fault / INZ raised character concern / Code of Conduct 2014, cl18a, cl22, cl25c, cl26(a)(i), cl26(e), cl26b, cl26c / Immigration Advisers Licensing Act 2007, s44 / adviser admitted all heads of complaint / adviser failed to treat immigration side of relationship objectively and professionally / important to have written agreement and properly document financial transactions / complaint upheld.
  3. INZ (Calder) v Wong [2019] NZIACDT 55 (5 August 2019) sanctions [PDF, 121 KB]

    Sanctions decision / entering further information after client signed blank application form / failure to provide full copy of files for inspection / adviser asked client to sign visa application form in blank / adviser completed form in client’s absence / failure of criminal prosecution / Code of Conduct 2014, cl3c / Immigration Advisers Licensing Act 2007, s50 and s51 / conduct serious / clients not vulnerable / appropriate to censure given seriousness of complaint / provision of false evidence aggravating factor / failure to attend Tribunal hearing/ licence cancelled / adviser prohibited from reapplying  for maximum period of 2 years / penalty of $6000
  4. Registrar of IAA v Ho [2019] NZIACDT 54 (31 July 2019) [PDF, 154 KB]

    Rubber stamping / breach of professional obligations & Immigration Advisers Licensing Act 2007 / permitting unlicensed people to provide immigration services / adviser dealt with client through overseas consultancy / client had no direct contact with adviser / unlicensed staff planned & coordinated application process & communicated with client / adviser not involved in process / staff provided eligibility advice / Code of Conduct 2014, cl1, cl2e, 3c, 18c, & 19e / Immigration Advisers Licensing Act 2007, s442 / adviser had no control over process / no active engagement with client or file / all work done by consultancy’s unlicensed staff / adviser’s involvement limited to signing letter & form prepared by others / employee’s advice on eligibility beyond clerical work / no requirement adviser must be party to agreement or sign it but still subject to obligations / cl 19e does not require a generally Code compliant agreement, it is the services which must be tailored / complaint upheld
  5. INZ (Gilray) v Singh [2019] NZIACDT 53 (29 July 2019) [PDF, 212 KB]

    Rubber stamping / Breach of professional obligations and Immigration Advisers Licensing Act 2007 / delegating immigration work to unlicensed staff / adviser dealt with clients through overseas consultancy / adviser had no contact with clients / clients dealt with unlicensed staff member throughout / clients completed checklist / Code of Conduct 2014, cl1, cl2e, 3c, 18b, 19e and cl26b / Immigration Advisers Licensing Act 2007, s442 / adviser thought clients’ employer who paid his fee was his main client / adviser relied on unlicensed people to assist clients / immigration advice embraces all immigration work / inevitable staff member would give unlicensed advice / highly likely clients would ask questions and issues would arise / adviser unprofessional and failed to exercise care / failure to obtain clients’ informed instructions / complaint serious / clients denied protection of engaging with a qualified and knowledgeable person / complaint upheld.
  6. INZ (Calder) v Shearer [2019] NZIACDT 52 (25 July 2019) Sanctions [PDF, 185 KB]

    Sanctions decision / rubber stamping / breach of professional obligations / unlicensed staff performed immigration work on adviser’s behalf / adviser had no contact with clients at all / adviser believed overseas recruitment company was her client / failure to recognise applicants were her true clients / high level of negligence found / Code of Conduct 2014, cl1, cl2e, cl3c, cl18a, 26b and cl26e / Immigration Advisers Licensing Act 2007, s50 and s51 / adviser no longer a licensed adviser / / conduct of delegating immigration work serious and grossly unprofessional / complaint concerned 22 clients / rubber stamping at the upper end / previous complaint upheld / adviser’s financial, professional and personal circumstances an important mitigating factor / costs not awarded due to adviser’s financial and personal circumstances / adviser censured and ordered to pay penalty of $6,500 / prohibition against reapplying for licence.
  7. INZ (Foley) v Rodriguez [2019] NZIACDT 51 (23 July 2019) [PDF, 182 KB]

    Breach of professional obligations and Immigration Advisers Licensing Act 2007 / misleading employer / misrepresenting client / failing to exercise due care / work visa application / employer required someone with welding experience / adviser put forward candidate who had little welding experience / candidate a metal fabricator who voiced concern about job title but confirmed he had welding experience / candidate’s work visa application as a welder successful and he flew to New Zealand to commence employment / employer terminated candidate’s employment when it was found he did not have the required skills / Code of Conduct 2014, cl1, cl2a, and cl29d / Immigration Advisers Licensing Act 2007, s442 / adviser misunderstood distinction between welding and fabrication / no deliberate deception / adviser did not mislead employer or misrepresent client / adviser did not exercise due care / adviser should have better informed herself of distinction / complaint upheld for breach of cl 1 of code
  8. INZ (Calder) v Tian [2019] NZIACDT 48 (19 July 2019) [PDF, 387 KB]

    Breach of professional obligations and Immigration Advisers Licensing Act 2007 / lack of professionalism / refusal to provide English language (IELTS) certificates to INZ / residence visas declined / adviser believed IELTS certificates not necessary because clients met skilled migrant pathway / adviser made serious allegations against named INZ officers / Code of Conduct 2014, cl1, cl3c, cl 10b,  and cl26e / Immigration Advisers Licensing Act 2007, s442, s50, s51 and s57 / immigration officers entitled to insist on IELTS certificates / reasons for requiring certificates compelling / clients did not meet skilled migrant pathway / adviser failed to assess and apply instructions with due care and professionalism / adviser misunderstood criteria where it was clear standard not met / correspondence amounted to unjustified personal attacks on named officers / complaint upheld
  9. INZ (Calder) v Ji [2019] NZIACDT 50 (19 July 2019) [PDF, 246 KB]

    Rubber stamping / breach of professional obligations and Immigration Advisers Licensing Act 2007 / permitting unlicensed staff to engage with client / filing false documents / false or misleading declaration on applications / work and residence visa applications / adviser signed applications stating he assisted and provided immigration advice / immigration advice provided through company / company contracted partner company to communicate with clients and obtain documents / company filed false information / visas declined / Code of Conduct 2014, cl1, cl2e, cl3c, cl 18a, cl31a / Immigration Advisers Licensing Act 2007, s442, s50 and s51 / no direct contact with clients / failure to obtain instructions / work of staff beyond clerical work / adviser not required to be party to client agreement or sign it / documents supplied false / adviser not professional or diligent / recording information on client’s form is providing assistance / no breach of adviser’s declaration / complaint upheld.
  10. HES v Parekh [2019] NZIACDT 47 sanctions (19 July 2019) [PDF, 124 KB]

    Sanctions decision / complaint upheld by Tribunal / negligence / failure to advise application had no realistic chance of succeeding / partnership visitor visa declined / insufficient evidence partnership genuine and stable / complainant travelled to Pakistan to live with partner / complainant sought to recover fees, lost wages and expenses from living in Pakistan / Immigration Advisers Licensing Act 2007, s50 and s51 / isolated incident / censure not justified / adviser willing to pay compensation / refund of fees / claim for compensation excessive / expenses and lost wages largely would have been incurred anyway and not caused by adviser’s negligence / $2,500 compensation awarded for wasted return airfare and contribution to other expenses and losses.
  11. XN v Ji [2019] NZIACDT 49 (19 July 2019) [PDF, 176 KB]

    Rubber stamping / breach of professional obligations and Immigration Advisers Licensing Act 2007 / application for residence visa / adviser did not directly engage with client / adviser allowed unlicensed staff to do work of licensed adviser/ agreement between client and company / adviser an employee of company / all client’s communications with employees of another company in different countries / residence visa declined / adviser sent decline letter to employee / client’s IPT appeal out of time / date of INZ decline letter sent to client had been changed / Code of Conduct 2014, cl1, cl2e, cl3c, cl 18a / Immigration Advisers Licensing Act 2007, s442, s50 and s51 / work of employees fell within definition of immigration advice / adviser failed to directly obtain instructions from client / Code does not require adviser to be a party to the agreement or to sign it / Code only requires adviser to be named / complaint upheld.
  12. KIT v Zhu [2019] NZIACDT 46 sanctions (8 July 2019) [PDF, 126 KB]

    Sanctions decision / allowing unlicensed  person to engage with client / no written agreement / inadequate written record of communications / student visa application declined / complainant’s status became unlawful / complainant sought recovery of lawful status and compensation for legal costs / Code of Conduct 2014, cl2e, cl18, cl26a, cl26c / Immigration Advisers Licensing Act 2007, s50 and s51 / obligation to engage personally with client and have written agreement important / violation lower end of spectrum because adviser engaged with client at later stage / adviser had a strong commitment to professional development and offered to pay some compensation / not appropriate to refund all costs as not attributable to adviser’s professional violations / doubtful Tribunal has power to award costs in disciplinary process / adviser censured / adviser directed to complete refresher course and ordered to pay some compensation
  13. Suresh v Elizabeth [2019] NZIACDT 45 - Sanctions (3 July 2019) [PDF, 196 KB]

    Sanctions decision / rubber stamping / breach of professional obligations / lodging expression of interest under skilled migrant category / policy changed and client no longer eligible / complaint about delay and request for refund / adviser failed to engage with client and carry out instructions / advisor failed to have written agreement  tailored to client’s circumstances / no refund policy in agreement / delay negligent / Code of Conduct 2014, cl1, cl2e, cl3c, cl19e, cl19K, cl24c / Immigration Advisers Licensing Act 2007, s50 and s51 / adviser had no involvement with complainant / adviser and staff primarily responsible for delays / an Australian registered adviser who obtains New Zealand registration has a professional duty to familiarise themselves with New Zealand law / age and inexperience not mitigating factors / adviser only an employee / complaint upheld / adviser censured / adviser ordered to pay penalty and partly refund complainant
  14. INZ (Calder) v Wong [2019] NZIACDT 44 (27 June 2019) [PDF, 158 KB]

    Breach of professional obligations and Immigration Advisers Licensing Act 2007 / procuring and providing false information to INZ / entering further information after client signed blank application form / failure to provide copy of client files for inspection / adviser acquitted in a criminal prosecution / licence suspended and then expired / whether Tribunal can uphold complaint / failure to attend hearing / providing false evidence to IACDT / Code of Conduct 2014, cl3c, cl26e / Immigration Advisers Licensing Act 2007, s44, s49, s51 / insufficient evidence to prove adviser knowingly produced false documents / adviser permitted client to sign blank form / adviser failed to keep a copy of client’s files after they were uplifted by INZ / complaint partially upheld.
  15. Khan (Appeal) [2019] NZIACDT 43 (24 June 2019) [PDF, 147 KB]

    Appeal against registrar’s decision not to pursue complaint / application for entrepreneur work visa / appellant paid adviser to assist cousin with application / business plan not completed / refusal to refund fees / fabrication  of emails and service agreement / registrar found business plan not provided because cousin did not respond to requests for further information / adviser found to have undertaken a reasonable amount of work / no evidence of fabrication / Code of Conduct 2014, cl1 / Immigration Advisers Licensing Act 2007, s442, s451, s54 / no evidence of impropriety by adviser / adviser understood on reasonable grounds that cousin was his client / cousin made no complaint against adviser / evidence did not disclose any wrongdoing / appeal rejected.
  16. Shadforth (Appeal) [2019] NZIACDT 42 (20 June 2019) [PDF, 176 KB]

    Appeal against registrar’s decision not to pursue complaint / dispute between two competing professionals who had acted for same client / allegation adviser misrepresented client’s character issues to INZ and unlicensed employees provided immigration advice / client issued with deportation notice / client’s passport name not full name / client’s passport name used to obtain overseas police certificate / certificate produced to INZ disclosed no convictions / client arrested overseas but not convicted / alleged unlicensed employee advised client to omit middle name / Immigration Advisers Licensing Act 2007, s442, s451, s54 / insufficient evidence of misleading conduct / no evidence employee’s advice went beyond “clerical work” / advice did not cross threshold warranting disciplinary action / “clerical work” could involve direct dealings with clients / allegations did not warrant referring complaint to Tribunal / threshold as to gravity not met / appeal rejected.
  17. INZ (Calder) v Shearer [2019] NZIACDT 41 (19 June 2019) [PDF, 286 KB]

    Rubber stamping / breach of professional obligations and Immigration Advisers Licensing Act 2007 / unlicensed staff performed immigration work on adviser’s behalf / adviser did not have a written agreement directly with clients / adviser had no meaningful engagement with clients / Code of Conduct 2014, cl1, cl2e, cl3c, cl10b, cl18a, cl26b, cl26e / Immigration Advisers Licensing Act 2007, s7, s442, s50 and s51 / adviser found to be negligent and incompetent / high level of negligence / adviser did not understand who client was / standard of care not dependent on experience / complaint upheld.
  20. INZ (Calder) v Cleland [2019] NZIACDT 38 (10 June 2019) [PDF, 158 KB]

    Sanctions decision / complaint upheld by Tribunal / Immigration New Zealand (Calder) v Cleland [2019] NZIADCT 25 / allowing unlicensed  person to give immigration advice / rubber stamping / failed to explain the agreement to clients / agreement did not describe the services to be provided / failed to advise clients of application status / Code of Conduct 2014, cl1, cl2e, cl3c, cl18b, cl19e, cl19f and cl26b / HELD / Immigration Advisers Licensing Act 2007, s50 and s51 / power to award sanctions / adviser’s actions serious / misunderstanding of “clerical work” exception / Immigration New Zealand (Foley) v Niland [2019] NZIACDT 16 / s511a / adviser censured / s511b / required to complete training / s511f / fined
  21. EQE v ICQ [2019] NZIACDT 37 (6 June 2019) [PDF, 189 KB]

    Breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / essential skills work visa application / whether failure to provide written agreement to client / whether full description of services / whether unlicensed staff providing immigration services / rubber stamping / whether failure to assess client’s visa eligibility / negligence / s442a and s442e of the Act  / breach of Code of Conduct 2014, cl1, cl22, cl3c, cl18a, cl26b and cl26c / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / complaint dismissed.
  22. HES v Parekh [2019] NZIACDT 36 (29 May 2019 [PDF, 176 KB]

    Breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / partnership and cultural marriage visitor visa applications / failure to provide written agreement to client / failure to provide appropriate advice / failure to keep notes of meetings / negligence / s442a and s442e of the Act  / breach of Code of Conduct 2014, cl1, cl18a, cl19a and cl26c / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / immigration adviser not named / adviser failed to take due care in assessing complainant’s circumstances / failed to keep records of advice given / adviser negligent  / complaint upheld.
  23. INZ Calder v Ahmed [2019] NZIACDT 35 (23 May 2019) sanctions [PDF, 161 KB]

    Sanctions decision / complaint upheld by Tribunal / Immigration New Zealand (Calder) v Ahmed [2019] NZIADCT 18 / allowing unlicensed  person to give immigration advice / rubber stamping / Code of Conduct 2014, cl1, cl2e and cl3c / HELD / Immigration Advisers Licensing Act 2007, s50 and s51 / power to award sanctions / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) / Liston v Director of Proceedings [2018] NZHC 2981 / professional disciplinary proceedings focused on protection of the public and profession, not punishment / Patel v Complaints Assessment Committee HC Auckland CIV-2007-404-1818, 13 August 2007 / advisor’s actions serious / adviser did have involvement with clients / misunderstanding of “clerical work” exception / Immigration New Zealand (Foley) v Niland [2019] NZIACDT 16 / s511a / advisor censured / s511b / required to complete training / s511f / fined
  24. KIT v Zhu [2019] NZIACDT 34 (20 May 2019) [PDF, 176 KB]

    Breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / student and visitor visa applications / failure to provide written agreement to client / adviser did not engage with client / adviser did not keep complete file notes / s442e of the Act  / breach of Code of Conduct 2014, cl1, cl2e, cl18a, cl26aiii and cl26c / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / unlicensed staff processed application / adviser did not personally obtain client’s instructions / no written agreement / adviser failed to keep file notes / complaint upheld.
  25. MG v Hu [2019] NZIACDT 33 (17 May 2019) [PDF, 118 KB]

    Sanctions decision / complaint upheld by Tribunal / MG v Hu [2019] NZIACDT 20 / long term business vis / conflict of interest / advisor acted for vendor of business and client / party to providing false information to Immigration New Zealand (INZ) / Code of Conduct 2014, cl11b / cl15a and cl3a / HELD / Immigration Advisers Licensing Act 2007, s50 and s51 / power to award sanctions / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) / Liston v Director of Proceedings [2018] NZHC 2981 / professional disciplinary proceedings focused on protection of the public and profession, not punishment / Patel v Complaints Assessment Committee HC Auclkand CVI-2007-404-1818, 13 August 2007 / advisor accepts responsibility for breaches of the Code of Conduct / further breaches unlikely / advisor has taken steps to ensure compliance with obligations/ s51a / advisor cautioned.