Ministry of Justice

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residence visa application / adviser miscalculated appeal period & appeal dismissed for being out of time based on out of date IPT guide / complainant arranged meeting with Citizens Advice Bureau & requested file / adviser provided key documents / Immigration Advisers Licensing Act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.

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.

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.

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.

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.

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.

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.

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.

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.

Dishonest and misleading behaviour / adviser’s licence suspended / complainant dyslexic / adviser suggested seeking an exemption from IELTS requirement / complainant contacted adviser seeking update on request / adviser falsely advised he had made a submission but there were no updates / adviser suggested complainant make a partnership-based application instead / complainant preferred not to base application on relationship & asked for update on exemption request / adviser provided falsified emails form Associate Minister’s office saying special direction assessments were on hold / adviser believed special direction would not be successful and never made a request / Code of Conduct 2014, cl1/ Immigration Advisers Licensing Act 2007, s442 / adviser’s conduct self-evidently dishonest / adviser acknowledged behaviour was at upper end of spectrum / conduct not for financial advantage & modest fee/ limited prejudice to complainant / complaint upheld.

Sanctions decision / rubber stamping / failure to exercise diligence & due care / adviser filed invalid documents with INZ / applications filed online without giving clients opportunity to review information / breach of client confidentiality / staff communicated with clients en masse / bulk of communications with clients by unlicensed staff / Code of Conduct 2014, cl1, cl2e, cl4a, cl26c / Immigration Advisers Licensing Act 2007, s50, s51 / wrongdoing systemic - concerned seven clients & numerous visa applications / failure to personally engage with clients a serious breach / failure to acknowledge wrongdoing, express remorse or identify new practices to prevent repetition of misconduct / licence already removed for almost 2 years / further period of prohibition warranted / first appearance before Tribunal & no fraud or dishonesty / adviser prevented from reapplying for licence for 1 year & until completion of further training / adviser censured & ordered to pay $7000 penalty.

Providing false and misleading information to INZ and Authority / alleged adviser created false job for client to obtain residence and work visas / adviser accused of operating a paper company in IT industry which had no real employees or work / adviser also accused of falsely claiming a connection with a real IT company in UK / adviser denied allegations but offered no explanation or evidence in answer to them / Code of Conduct 2014, cl3c / Immigration Advisers Licensing Act 2007, s442 / adviser knowingly provided false information and evidence to INZ / adviser’s communications with INZ deceptive / adviser also provided false information to the Authority / complaint upheld.