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854 items matching your search terms

  1. [2020] NZIACDT 24 - BV v Aiolupotea (12 June 2020) [PDF, 117 KB]

    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.
  2. [2020] NZIACDT 23 - Y(O)R v Tian (8 June 2020) [PDF, 135 KB]

    Negligence / numerous professional failures regarding multiple visa applications / failure to keep proper record of communications / failure to disclose conflict of interest / adviser did not inform complainant visas were declined / adviser continued to seek further documents after application declined / adviser received commissions from complainant’s son’s schools / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl5, cl6, cl9, cl18, cl22, cl26 / adviser required to disclose conflict of interest in writing & obtain written consent from complainant / application unsuccessful but not hopeless / failure to have written agreement a serious breach / adviser required to send an invoice & keep proper records / adviser misled complainant by continuing to seek further documents / failure to advise outcome could have serious consequences for client / advisor’s professional obligations not reduced due to personal relationship with client / complaint upheld.
  3. [2020] NZIACDT 22 - NJUM v VOLE (2 June 2020) [PDF, 137 KB]

    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.
  4. [2020] NZIACDT 21 - Immigration New Zealand (Carley) v Penty (18 May 2020) [PDF, 169 KB]

    Rubber stamping / allowing unlicensed persons to provide immigration advice / adviser took over arrangement with offshore company to provide immigration services to Filipino workers / clients entered agreement with company which adviser did not sign / staff prepared, reviewed & compiled applications / staff assisted clients with applications & clients’ communications with staff not adviser / adviser had no contact with clients but for one initial Skype interview / previous complaint upheld regarding same arrangement / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl3c, cl18c / adviser operating system which encouraged clients to deal with unlicensed persons / adviser failed to engage with clients / not enough for adviser to inform clients about role & obligations, adviser must actually fulfil them / work carried out by staff amounted to immigration advice / adviser did not sign agreements & template agreements did not comply with code / complaint upheld.
  5. [2020] NZIACDT 20 - QM v Ng (14 May 2020) [PDF, 163 KB]

    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.
  6. [2020] NZIACDT 18 - UO v Nukulasi [PDF, 92 KB]

    Negligence / discretionary visa application under s61 / complainant in New Zealand unlawfully / complainant tried numerous times to contact adviser for update on application but received no reply / complainant did not provide necessary documents / adviser did not make application until one year after being instructed / adviser sent application to Minister instead of INZ / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl9 / adviser made no real effort to remind complainant to produce documents / complainant at risk of being deported & delay risked prejudicing any chance of him succeeding with application / no justifiable reason for delay / conduct neither professional, diligent or timely / sending request to Minister not negligent or unprofessional / delegation not exclusive / request had little chance of success & adviser should have advised complainant of this in writing / complaint upheld.
  7. [2020] NZIACDT 19 - DMX v Guich (11 May 2020) [PDF, 112 KB]

    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.
  8. [2020] NZIACDT 16 - NL v Joseph - Sanctions (12 March 2020) [PDF, 99 KB]

    Sanctions decision / lodging of falsely signed documents / work visa based on job offer from business in which adviser had an interest / adviser instructed staff member to sign employment documents in name of business owner / documents falsely represented to complainant & INZ as being signed by owner / adviser also failed to have client agreement & keep a proper file / work visa declined as employment agreement not valid / Immigration Advisers Licensing Act 2007, s50, s51 / documents false but job genuine / not adviser’s first appearance before tribunal / previous misconduct occurred around same time & adviser instructed to take refresher course / adviser claimed to have learnt his lesson / suspension sanction of last resort / adviser misled clients & lax about properly documenting relationship / public not in need of protecting from adviser / adviser censured & ordered to pay $5000 penalty.
  9. [2020] NZIACDT 17 - XA v Hill (10 March 2020) [PDF, 304 KB]

    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.
  10. [2020] NZIACDT 15 - KBN v Wharekura - Sanctions (10 March 2020) [PDF, 129 KB]

    Sanctions decision / dishonest & misleading behaviour / adviser’s licence suspended / adviser initially suggested seeking special direction / adviser provided falsified emails from Associate Minister’s office / adviser believed special direction would not be successful & never made request / Immigration Advisers Licensing Act 2007, s50, s51 / misconduct serious but an isolated incident / no systemic dishonesty / adviser did not benefit from fraud / no prejudice to complainant as likelihood of success negligible / adviser immediately admitted wrongdoing, made an early apology & advised complainant of complaint process / adviser refunded fee & reimbursed legal expenses / cancellation sanction of last resort / no risk to public of repeat of misconduct / dishonesty at lower end of spectrum / adviser censured, suspended for 9 months & ordered to pay $6,500 penalty.
  11. [2020] NZIACDT 12 - TSO v Essina (27 February 2020) - Sanctions [PDF, 154 KB]

    Sanctions decision / dishonest or misleading conduct / acting unprofessionally / adviser withheld complainant’s NZQA assessment from INZ / adviser misrepresented to complainant why earlier visitor visa declined / adviser offered refund money for withdrawal of complaint / Immigration Advisers Licensing Act 2007, s50, s51 / adviser’s conduct dishonest / adviser deliberately deceived INZ & client / limited acknowledgement of wrongdoing / dishonesty not of worst kind / compensation claimed / not shown decline of visa arose from adviser’s wrongdoing / adviser censured / adviser’s first appearance before Tribunal / adviser prevented from renewing licence for 1 year / adviser ordered to pay $4000 penalty & $1298 for refund of fees.
  12. [2020] NZIACDT 14 - Singh v Ryan - Sanctions (27 February 2020) [PDF, 123 KB]

    Sanctions decision / providing false & misleading information / adviser ran scam supplying fake job offers to clients from paper companies he controlled / complainant knowingly received fake job offer & granted work visa on that basis / complainant claims refund of fees & compensation for leaving NZ / Immigration Advisers Licensing Act 2007, s50, s51 / adviser’s misconduct most serious warranting severest level of sanctions / adviser main perpetrator of scheme / conduct sustained, deliberate & brought regime into disrepute / adviser driven by greed, admitted no wrongdoing & showed no remorse / fraud not an isolated incident / compensation figures inaccurate, inconsistent & not supported by documentary evidence / complainant willing party to adviser’s fraud & not entitled to compensation / neither adviser nor client should benefit from fraud / adviser censured / adviser prevented from reapplying for licence for 2 years / adviser ordered to pay $10,000 penalty & $4,535 refund of fees.
  13. [2020] NZIACDT 13 - Registrar v Ryan - Sanctions (27 February 2020) [PDF, 108 KB]

    Sanctions decision / providing false and misleading information to INZ / adviser ran a scam where he supplied clients with fake job offers from paper companies he controlled / Immigration Advisers Licensing Act 2007, s50, s51 / adviser’s misconduct most serious / adviser principal perpetrator of fraudulent scheme / conduct sustained and deliberate & brought regime into disrepute / adviser motivated by greed, admitted no wrongdoing & showed no remorse / fraud not an isolated incident / severest level of sanctions warranted to denounce conduct, deter similar conduct & protect public / adviser censured / adviser prevented from reapplying for licence for 2 years / adviser ordered to pay $10,000 penalty & $5,000 in costs & expenses.
  14. TI(G)M v Hanning [2020] NZIACDT 11 (21 February 2020) Sanctions [PDF, 127 KB]

    Sanctions decision / failure to enter updated client agreement when new visa category instructed / lack of due diligence or care / failure to identify missing provision in client’s employment contract / visa declined / complainant sought refund of fees & compensation for lost income / Immigration Advisers Licensing Act 2007, s50, s51 / obligation to have client agreement important / high degree of carelessness or negligence / adviser’s first appearance before Tribunal / adviser acknowledged & corrected failings / significant compensation claims for general courts to decide / Tribunal can award modest sums / not shown application would have necessarily been successful if not for adviser’s lack of care / inappropriate for adviser to pay later fees or award full sum of compensation / reasonable to award some compensation for lost income as complainant could have obtained work visa earlier / adviser cautioned /adviser ordered to pay $1000 penalty & $7555 for refund of fees & compensation.
  15. INZ (Carley) v De'Ath [2020] NZIACDT 10 (19 February 2020) [PDF, 180 KB]

    Unprofessional and disrespectful communications with INZ / INZ initially declined client’s work visa / adviser sent emails to immigration officers expressing concern & criticising INZ / INZ made complaint that adviser’s communications were antagonistic, intimidating & not in proportion to issue / Immigration Advisers licensing Act 2007, s442 / Code of Conduct 2014, cl1 / adviser’s correspondence unprofessional but did not cross disciplinary threshold / adviser’s remarks about officers not malicious or offensive / some truth to adviser’s criticism & frustration understandable / criticism of public officials an important aspect of professional practice / complaint dismissed.
  16. [2020] NZIACDT 9 - DKD v Smith - Sanctions (13 February 2020) [PDF, 147 KB]

    Sanctions decision / negligence / failure to enter into written agreement with client / failure to file residence application in time / invitation expired / Immigration Advisers Licensing Act 2007, s50, s51 / adviser failed to perform fundamental obligations of a professional adviser / adviser’s misconduct aggravated by previous similar findings against him / adviser declined to engage with Authority or Tribunal / adviser bears high degree of responsibility for complainant not obtaining residence / adviser to undertake training & prohibited from renewing licence / adviser censured & ordered to pay $5000 penalty / adviser also ordered to pay $5000 compensation by way of general damages to complainant for application fees, inconvenience, anxiety & stress.
  17. [2020] NZIACDT 8 - GQ v Ramos (10 February 2020) [PDF, 123 KB]

    Negligence / failure to provide sufficient advice to enable complainant to make informed decision / failure to keep record of oral advice or confirm advice in writing / complainant a nurse who obtained New Zealand Diploma in Management (Healthcare) / complainant offered work as a caregiver & wished to apply for post-study visa / adviser advised relevance of qualification to role an issue but advice not recorded or communicated in writing / application declined because INZ not satisfied employment relevant to New Zealand qualification / complaint that adviser did not advise a backup plan should application fail / Code of Conduct 2014, cl1, cl2, cl26 / standard of work required by Code not excellence, but reasonableness / proper immigration advice given as no evidence to contrary / issue of whether qualification relevant to role critical & advice on issue should have been confirmed in writing / complaint upheld.
  18. NLT v Coetzee [2020] NZIACDT 7 (10 February 2020) Sanctions [PDF, 122 KB]

    Sanctions decision / failure to enter written agreement with client / failure to exercise due care / complainant employed as a contractor / adviser advised complainant could still get residence as a contractor / INZ told adviser complainant needed to remain an employee for work visa / complainant claimed compensation for various expenses & losses & refund of fees / Code of Conduct 2014, cl1, cl18 / Immigration Advisers Licensing Act 2007, s50, s51 / adviser’s misconduct at lower end of spectrum / high degree of carelessness in relation to advice about being an independent contractor / no systemic problem with adviser’s professional practice / adviser learnt from process & has greater understanding of professional obligations / compensation declined / expenses and losses did not arise from adviser’s misconduct  /  complainant received what he had contracted for so no refund of fees / adviser cautioned & ordered to pay $1,500 penalty.
  19. NL v Joseph [2020] NZIACDT 6 (31 January 2020) [PDF, 125 KB]

    Negligence / lodging of falsely signed documents / absence of client agreement & proper file documentation / adviser offered complainant work for company he had an interest in / owner not aware of offer / adviser claimed to be acting on behalf of owner & instructed staff member to sign offer letter & employment agreement as owner / post-study work visa declined as employment agreement not valid / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl18a, cl26, 31a / conduct unprofessional but not negligent / adviser presented documents with false signatures / adviser instructed staff member to sign as owner rather than on behalf of owner / failure to inform owner not a mere oversight as adviser could have informed him / adviser failed to enter client services agreement / omission not a mere technicality or file management issue / adviser failed to properly document services / complaint upheld.
  20. NJUM v Vole [2020] NZIACDT 5 (29 January 2020) [PDF, 126 KB]

    Dishonest or misleading conduct / client married in Samoa but marriage not registered / husband successfully registered himself under Samoan Quota as a single person / adviser advised complainant to conceal marriage in application / complainant married husband again in New Zealand / residence based on later New Zealand marriage / application returned because valid police certificate missing / adviser as a Justice of the Peace certified copy of police certificate before sighting it to expediate process / residence declined because INZ not satisfied complainant in stable & genuine relationship / Code of Conduct 2014, cl1, cl3c, cl26, cl29d, 31a / adviser lacked diligence & due care in filing applications without necessary documents / adviser’s conduct in advising complainant to conceal first marriage dishonest / misconduct serious / presenting false certificate to INZ at lower end of dishonesty spectrum as document genuine / minimal record of written advice / complaint upheld.
  21. RDA v Registrar of Immigration Advisers [2020] NZIACDT 4 (24 January 2020) [PDF, 122 KB]

    Appeal against registrar’s decision to reject complaint about fees / whether a dispute about fees justifies disciplinary proceedings / appellant unable to proceed with residence application and terminated agreement with adviser / adviser did not have to complete all contracted work / dispute about level of refund offered by adviser / Immigration Advisers Licensing Act 2007, s442, s54 / terms of engagement unclear / refund policy not compliant with Code / starting point as to fair refund is contractual fee agreed / dispute a contractual dispute not a disciplinary matter / not role of disciplinary processes to reconcile inconsistent contractual provisions / dispute could be resolved by the Disputes Tribunal / not clear fee charged not fair and reasonable / dispute did not cross threshold justifying disciplinary action / appeal rejected.
  22. MM v Registrar of Immigration Advisers [2020] NZIACDT 3 (23 January 2020) [PDF, 120 KB]

    Appeal against registrar’s decision to reject complaint about deception / whether sufficient evidence of deceit by adviser to justify returning complaint to Authority / adviser found employment for appellant / adviser allegedly sent appellant photos purporting to be restaurant where he would work but photos depicted different restaurant / restaurant sold and renamed / adviser sought variation of work visa which was approved / appellant complained he was deceived as to the identity of employer and scale of restaurant / registrar found advice given was adequate and rejected complaint / Immigration Advisers Licensing Act 2007, s442, s54 / no prima facie evidence of deceit / no evidence adviser knew photos were of a different restaurant / no evidence adviser knew of change of employer before employment agreement sent to appellant / adviser successful in performing contracted immigration services / appeal rejected.
  23. TSO v Essina [2020] NZIACDT 2 (16 January 2020) [PDF, 117 KB]

    Dishonest or misleading conduct / acting unprofessionally / visitor visa declined because INZ not satisfied complainant a genuine visitor / adviser told complainant visa declined due to changes in rules & regulations / complainant received NZQA evaluation & job offer through adviser’s recruitment agency / adviser filed work visa application / adviser advised INZ that complainant did not receive NZQA evaluation / application withdrawn / complainant lodged a complaint & adviser offered to refund complainant’s money if he withdrew it / Code of Conduct 2014, cl1, cl3c, cl29d, 31a / Immigration Advisers Licensing Act 2007, s442 / not material that grounds of complaint not raised by complainant / adviser’s decision to withhold NZQA assessment from INZ deliberate & misleading / advice to complainant dishonest / offer of refund for withdrawal of complaint unprofessional / complaint upheld.
  24. TI(G)M v Hanning [2020] NZIACDT 1 (9 January 2020) [PDF, 138 KB]

    Failure to have written agreement with client / failure to exercise diligence & due care / negligence / complainant held a work visa but had no income for a period due to issues with employer / complainant offered permanent employment & applied for South Island Contribution Visa / INZ sent PPI letter advising lack of income and that employment agreement did not clearly state guaranteed minimum hours / visa declined because complainant did not appear to be a bona fide candidate / Code of Conduct 2014, cl1, cl18a, cl 18d / Immigration Advisers Licensing Act 2007, s442 / adviser did not conduct herself with due diligence or care & failed to respond in a timely manner to PPI letter / adviser should have checked agreement and identified lack of income issue before application was filed / workload & poor health no defence / adviser should have declined work / new or updated written agreement required for new visa category / complaint upheld.
  25. DKD v Smith [2019] NZIACDT 82 (12 December 2019) [PDF, 78 KB]

    Failure to inform complainant in timely manner invitation for residence application issued / failure to submit residence application before invitation expired  / negligence / failure to provide complainant with written agreement / residence visa application / adviser lodged expression of interest / INZ issued invitation to adviser but adviser did not contact complainant about it until 1 month before expiry / adviser  advised application would be delivered  but undertook no further work so application and invitation expired / Code of Conduct 2014, cl1, cl 18a / Immigration Advisers Licensing Act 2007, s442 / no denial of allegations by adviser / adviser negligent / conduct fell well below standard of reasonable care of competent and professional licensed adviser / adviser failed to provide written agreement / complaint upheld.