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Search results

798 items matching your search terms

  1. INZ (Calder) v Cleland [2019] NZIACDT 25 (3 May 2019) [PDF, 252 KB]

    Rubber stamping / six heads of complaint relating to 12 clients / Immigration adviser’s business practice contrary to professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / s7 and s5 of the Act / Code of Conduct 2014, cl1, cl2e, cl3c, cl18b, cl19e & cl19f and cl26b / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / lack of professionalism and due care / failure to engage with clients / unlicensed staff providing immigration advice, not just clerical work / significant matters in agreement not discussed with clients / full description of services and fees not specified in agreement / failure to provide ongoing timely updates to clients on immigration applications / complaint upheld.
  2. Shihaku v Mizoguchi [2019] NZIACDT 24 (24 April 2019) [PDF, 169 KB]

    Failure to properly manage refund of fee / unprofessional negotiations / no signed agreement of confirmed acceptance / complainant cancelled services & requested refund / adviser insisted on full & final settlement condition before paying refund / Code of Conduct 2014, cl1, cl18c, cl 24c / Immigration Advisers Licensing Act 2007, s442 / previous complaints upheld by Tribunal / Tribunal’s statutory authority cannot be ousted by agreement between the parties / registrar’s views on protection of public carries considerable weight in Tribunal / adviser acknowledged breaches in joint statement with registrar which Tribunal accepted / conduct stemmed from lack of understanding of professional obligations / adviser undertaking training & improved systems & processes / complaint upheld / adviser prevented from applying for any form of licence other than provisional licence for 12 months following completion of training / adviser censured & ordered to pay balance of fee to complainant.
  3. INZ (Calder) v Horan [2019] NZIACDT 23 (23 April 2019) [PDF, 163 KB]

    Sanctions decision / unprofessional & disrespectful communications with INZ / adviser made personal attacks against individual officers / adviser withheld information from client / adviser copied unconnected people in confidential client correspondence / Immigration Advisers Licensing Act 2007, s50, s51 / government agencies should not be unduly sensitive to criticism / communications crossed disciplinary threshold but not at upper end of unprofessional communications or malicious / withholding information isolated incident & did not cause decline of application / adviser refused to get clients’ consent to copy other people in correspondence / potential violations aggravated by contempt of code & disciplinary regime / adviser censured & ordered to pay $2,500 penalty.
  5. MZ v Sun [2019] NZIACDT 21 (15 April 2019) [PDF, 119 KB]

    Sanctions decision / rubber stamping / all communications made via Chinese migration company / staff work not clerical work / bulk of complainant’s instructions carried out by company / Immigration Advisers Licensing Act 2007, s50, s51 / second complaint upheld / adviser already prohibited from licence for two years / misconduct serious / adviser enabled unlicensed persons to provide immigration advice & failed to personally discharge immigration services / violation not wilful / adviser believed Chinese law did not permit him to engage with complainant / adviser wrongly believed staff were performing permitted clerical work / adviser retired & licence expired / adviser censured & prevented from reapplying for licence for two years.
  6. MG v Jean Xiujing Hu [2019] NZIACDT 20 (10 April 2019) [PDF, 152 KB]

    Failure to engage with client / failure to deal with conflict of interest appropriately / long term business visa / complainant (client) purchaser of a business / adviser did not deal directly with complainant / adviser relied on vendor of business to be an intermediary / information provided in business proposal inaccurate / adviser sent emotional text to complainant after complaint made / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2, cl3, cl6 / clear conflict of interest but no breach of cl6 / vendor an agent but not a client / adviser accepted instructions from conflicted intermediary but lack of due care & professionalism not part of complaint so no breach / lack of engagement with client cannot be excused by client consent / obligation to engage with client cannot be waived / adviser’s key failure accepting an intermediary & not personally engaging with complainant / text unprofessional but did not cross disciplinary threshold / complaint upheld.
  7. Hahn v Walke [2019] NZIACDT 19 (8 April 2019) [PDF, 306 KB]

    Facilitating unlicensed person to give unlawful immigration advice / adviser ran seminars overseas providing information on immigration criteria in New Zealand / speaker at seminars not licensed / complaint made by another adviser that seminars contained incorrect information / Code of Conduct 2014, cl1, cl3c, cl29 / Immigration Advisers Licensing Act 2007, s442 / no evidence adviser’s strategy for clients not viable / motive of complainant irrelevant / immigration advice given by unlicensed person / irrelevant that speaker licensed in Germany to give advice about New Zealand immigration / adviser endorsed strategy & seminars traded on adviser being licensed in New Zealand / adviser facilitated speaker’s behaviour / complaint upheld.
  8. INZ (Calder) v Ahmed [2019] NZIACDT 18 (2 April 2019) [PDF, 225 KB]

    Rubber stamping / allowing unlicensed people to manage visa application process / adviser based in Pakistan & director of immigration consultancy / staff from consultancy communicated with clients & INZ / adviser assessed eligibility of clients & involved at various times during application process / Code of Conduct 2014, cl1, cl2e, cl3c / Immigration Advisers Licensing Act 2007, s442 / most of engagement undertaken by staff / adviser’s mode of business allowed staff to perform substantive immigration services / staff communications with clients not minor & crossed disciplinary threshold / adviser not professional or diligent / adviser delegated bulk of engagement process to staff / not enough to be engaged in some key stages / complaint upheld.
  9. Singh v Patel [2019] NZIACDT 17 (28 March 2019) [PDF, 142 KB]

    Excessive fees / failure to record meetings and discussions / residence application / adviser charged $15,000 standard fee / adviser prepared application which required analysis of financial information / complainant signed application & paid second instalment of fees / complainant changed his mind & requested withdrawal of application & full refund of fees / complainant terminated agreement / adviser offered a partial refund / Code of Conduct 2014, cl20, cl24, cl26 / Immigration Advisers Licensing Act 2007, s442 / adviser should have recorded material discussions in writing / fee at higher end of scale but not unfair or unreasonable / urgency relevant factor in setting fee / adviser carried out substantial work at time agreement was terminated / work largely completed & only some documents outstanding / refund fair / adviser under no obligation to refund more than small part of fee / complaint upheld.
  10. INZ (Foley) v Niland [2019] NZIACDT 16 (19 March 2019) [PDF, 126 KB]

    Sanctions decision / rubber stamping / allowing unlicensed people to manage visa application process / adviser entered arrangements with companies that sourced jobs for Sri Lankan & Filipino workers / failure to personally engage with each client / adviser had little or no contact with clients / lack of clarity as to respective responsibilities of company & adviser / adviser facilitated provision of immigration advice by unlicensed staff / Immigration Advisers Licensing Act 2007, s50, s51 / adviser negligent but breach not deliberate / adviser careless as to contractual arrangements & misunderstood limits of clerical work exclusion / adviser overlooked template agreement not suited to her or clients’ needs / adviser censured, ordered to undertake refresher course & pay penalty of $4,000.
  11. GZ v Lu [2019] NZIACDT 15 (15 March 2019) [PDF, 146 KB]

    Rubber stamping / adviser director of company providing student placement services / complainant & son applied for visitor visa before student visa / unlicensed staff prepared application / application declined because it did not disclose son’s placement offer & INZ concerned it was not genuine / adviser not involved with application but finalised letter in response to INZ concerns / adviser not involved in management of company & believed it only provided placement services / Code of Conduct 2014, cl1, cl3c / Immigration Advisers Licensing Act 2007, s442 / any competent adviser would have realised unlicensed staff providing advice on receiving draft response letter / business structure not designed to circumvent legislation & no pattern of misconduct / violation at lower end of rubber stamping spectrum but still serious / adviser facilitated conduct of unlicensed staff in finalising letter to INZ / adviser not professional or diligent & did not exercise due care / complaint upheld.
  12. LL v Sun [2019] NZIACDT 14 (12 March 2019) [PDF, 123 KB]

    Sanctions decision / rubber stamping / adviser had no direct contact with client / all communications made via Chinese migration company / staff’s work did not amount to clerical work / bulk of complainant’s instructions carried out by company / Immigration Advisers Licensing Act 2007, s50, s51 / adviser’s misconduct serious / adviser facilitated unlicensed people to provide services only a licensed adviser could lawfully perform / no wilful violation of Act or Code / adviser did not personally engage with clients because it was against Chinese law / adviser mistakenly believed staff performing permitted clerical work / adviser retired & licence expired / adviser censured & prevented from reapplying for licence for 2 years.
  13. INZ (Calder) v Horan [2019] NZIACDT 13 (11 March 2019) [PDF, 274 KB]

    Unprofessional & disrespectful communications with INZ / adviser’s communications criticised INZ staff for being incompetent & threatened to raise complaint with government agency / INZ staff felt belittled, stressed, incompetent, upset & bullied by communications / adviser copied communications to lawyer & another adviser / INZ’s character concerns not brought to client’s attention / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl4a / adviser’s criticisms unprofessional & crossed disciplinary threshold / tone & text went beyond robust advocacy & amounted to unjustified personal attacks / communications not at upper end of being unprofessional / criticisms & threats unjustified but not offensive or intimidating in unlawful sense / adviser honestly believed clients wronged / adviser withheld information & failed to obtain client’s informed instructions / adviser breached client confidentiality / complaint upheld.
  14. MZ v Sun [2019] NZIACDT 12 (4 March 2019) [PDF, 261 KB]

    Rubber stamping / allowing unlicensed people to manage visa application process / long-term business visa / complainant client of Chinese migration company / adviser had no direct contact with client in accordance with Chinese law / entire relationship managed by company / business plan submitted to INZ not what complainant approved / whether company’s unlicensed staff performed immigration services / whether Chinese law qualifies adviser’s professional obligations / Code of Conduct 2014, cl1, cl2e, cl3c / Immigration Advisers Licensing Act 2007, s442 / staff’s work not clerical work / unlikely staff did not provide immigration advice / staff undertook bulk of assistance & adviser allowed this / adviser misunderstood scope of clerical work but not what they were doing / in terms of obligations adviser’s client was complainant not company / Chinese law restrictions irrelevant to adviser’s obligations / complete abdication to personally engage with client / complaint upheld.
  15. Zhang & Cao v Chen [2019] NZIACDT 11 (1 March 2019) [PDF, 150 KB]

    Sanctions decision / incompetence / adviser failed to compile & file entrepreneur work & residence visa applications / complainants purchased motel but contract for sale lapsed / complainants provided business plan but plan never finalised / applications envisaged never made & complainants suffered significant loss / Immigration Advisers Licensing Act 2007, s50, s51 / censure & training justified by level of adviser’s incompetence / incompetence not sufficient to prevent re-licensing / no other instances of incompetence / adviser acknowledged wrongdoing & offered refund / adviser not primary or real cause of complainants’ losses / Parliament only intended modest awards of compensation / unreasonable for complainants to rely on adviser solely for investment advice / adviser censured, ordered to complete training, pay penalty of $3000 & $17,500 refund of fees, plus any interest earned on $17,500.
  16. Mhatre v Gokhale [2019] NZIACDT 10 (22 February 2019) [PDF, 107 KB]

    Sanctions decision / partnership based temporary visa application / adviser mistakenly lodged online application for another type of visa / paper application for correct visa type returned for being incomplete as missing supporting form signed by wife / adviser failed to provide written updates or keep written record / adviser had not kept copies of application on her file / Immigration Advisers Licensing Act 2007, s50, s51 / adviser’s violation at lower end of scale / error in selecting visa type simple mistake & did not amount to violation of standards / compensation for losses not attributable to adviser’s breaches / adviser cautioned.
  17. Singh v Golian [2019] NZIACDT 9 (19 February 2019) [PDF, 128 KB]

    Sanctions decision / failure to perform services with due care, diligence and professionalism / client’s work visa declined so client in New Zealand unlawfully / application for exception to immigration instructions under s61 / adviser recommended making formal complaint to INZ & appealing deportation on humanitarian grounds but both declined / adviser then advised client to lodge a request for student visa / Tribunal found adviser’s approach misguided & devoid of merit / strategy costly & compromised client’s prospects of success / Immigration Advisers Licensing Act 2007, s50, s51 / breach not an isolated error of judgement / adviser lacked sufficient knowledge & skill / financial penalty not necessary in public interest / fees paid & cost of appeal wasted / no compensation recoverable as living expenses & costs of another adviser did not flow from unprofessional advice / adviser ordered to complete training & refund fees of $2,900.
  19. D v I [2019] NZIACDT 7 (14 February 2019) [PDF, 100 KB]

    Negligence / incapacity / failure to have written agreement & notify fees / filing futile applications / adviser subject to many complaints which Tribunal upheld in interim decision / adviser lacked capacity to practice & defend complaint due to medical condition / adviser’s licence cancelled / Immigration Advisers Licensing Act 2007, s 442 / Code of Conduct 2010, cl1.5, cl8b / Code of Conduct 2014, cl1, cl9, cl18a, cl19f, cl29b / interim decision upholding complaint made final.
  20. DJ v Dua [2019] NZIACDT 6 (14 February 2019) [PDF, 216 KB]

    Negligence / graduate work visa / adviser advised client she could obtain work visa based on employment in takeaway shop / client did not meet requirements & application failed / client made last minute visitor visa application but did not sign it & information omitted / client expressed reason for seeking visitor visa as her intention to live in New Zealand / INZ concerned client not a bona fide applicant & visa declined / whether professional & competent adviser would have lodged work visa application / whether visitor visa application competently managed / Code of Conduct 2014, cl1, cl31a / Immigration Advisers Licensing Act 2007, s442 / adviser negligent, unprofessional & careless / client’s qualification not relevant to obtaining employment / adviser failed to assess eligibility of application / adviser lodged visitor visa application expressing unlawful purpose / application should have been signed / omissions did not justify INZ’s character concerns / complaint upheld.
  21. INZ (Foley) v Niland [2019] NZIACDT 5 (5 February 2019) [PDF, 189 KB]

    Rubber stamping / allowing unlicensed people to manage visa application process / failure to provide written agreement / adviser entered arrangement with company that sourced jobs for Sri Lankan workers / adviser had no contact with client apart from initial skype interview / adviser used template contract of engagement / job offer withdrawn but company advised client to travel to New Zealand / whether adviser negligent or deliberately employed business model in breach of professional obligations / Code of Conduct 2014, cl2e, cl3c, cl18, cl19, cl26 / Immigration Advisers Licensing Act 2007, s442 / adviser did not take charge of engagement with client / inevitable unlicensed staff would step into void & provide immigration advice / adviser facilitated provision of immigration advice by unlicensed staff / contract unsuited to client & adviser’s needs / complaint upheld.
  22. P v K [2019] NZIACDT 4 (5 February 2019) [PDF, 114 KB]

    Failure to exercise due diligence and care / failure to provide written agreement / Application for residence / EOI declined due to showing insufficient points / adviser failed to inform client / adviser lacked capacity to practice due to medical condition / adviser subject to a number of complaints & licence cancelled / Immigration Advisers Licensing Act 2007, s442 / adviser no longer capable of defending or giving instructions concerning complaint / appropriate to uphold the complaint to extent necessary to order a refund of fees / incapacity found in terms of s 442c of the Act / complaint upheld / adviser ordered to refund $7,750 in fees & disbursements.  
  23. LL v Sun [2019] NZIACDT 3 (30 January 2019) [PDF, 253 KB]

    Rubber stamping / allowing unlicensed people to manage visa application process / adviser had no direct contact with client in accordance with Chinese law / all communications made via local migration company / complaint client asked to sign blank application form, information supplied without her knowledge and signature forged / whether the company’s unlicensed staff performed immigration services / whether Chinese law qualifies adviser’s professional obligations / Code of Conduct 2014, cl1, cl2, cl3c / Immigration Advisers Licensing Act 2007, s442 / Chinese law restrictions irrelevant & obligations not qualified by them / unlikely staff did not provide immigration advice / staff’s work did not amount to clerical work / bulk of complainant’s instructions carried out by company / adviser did not know falsity of documents / mere filing of false documents does not, of itself, amount to lack of due care or diligence / adviser had no knowledge of staff’s conduct / complaint upheld.
  24. E v D [2019] NZIACDT 2 (30 January 2019) [PDF, 185 KB]

    Negligence / failure to assess whether business aligned with approved business plan & requirement to benefit New Zealand / failure to ensure agreement signed / application for long-term business visa / clients bought lodge after failed sale of motel / business plan based on motel / visa declined because lodge did not meet relevant criteria / complaint adviser made application with no hope of success / adviser claimed immigration advice based on purchase of motel not lodge / adviser unwell & unable to represent himself / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl8 / adviser not unfit to plead / complainant absent from process & failed to produce evidence requested by tribunal / tribunal unable to make definitive finding that advice not sought on suitability of lodge / agreement not signed but no utility to upholding complaint / adviser’s licence expired & unlikely to renew / complaint dismissed.
  25. Immigration New Zealand (Carley) v De'Ath [2019] NZIACDT 1 (10 Jan 2019) [PDF, 220 KB]

    Sanctions decision / rubber stamping / allowing unlicensed people to manage visa application process / adviser had little or no contact with clients / adviser director of company recruiting Filipino workers / applications handled by unlicensed employee in Philippines / Code of Conduct 2014, cl1, cl2e, cl3c, cl18, cl26a / Immigration Advisers Licensing Act 2007, s50, s51 / adviser reliant on unlicensed people to deal with clients on immigration matters / offending involved multiple clients & adviser continued same model for some time / no systematic or deliberate breach of code / adviser overlooked requirement to personally discharge professional obligations / adviser failed to appreciate narrowness of clerical work exception / adviser aware of failings & remedied flawed business structure / adviser censured & ordered to pay $8,500 penalty & $3,000 investigation costs.