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Search results

863 items matching your search terms

  1. Registrar of IAA v Ryan - [2019] NZIACDT 75 (7 November 2019) [PDF, 361 KB]

    Providing false and misleading information to INZ and Authority / Authority initiated an investigation of adviser as a result of media articles about him / alleged adviser ran a scam where he supplied immigration officers with fake job offers in relation to 17 visa applications / 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.
  2. KXBK v GVH [2019] NZIACDT 74 (1 November 2019) [PDF, 195 KB]

    Failure to exercise due diligence and care / negligence / unprofessional conduct / failure to confirm client’s visa history / client advised that he was always on essential skills visa when he was not / client did not hold essential skills work visa for required period / adviser told client that he did not comply with requirements / visa declined and client requested a refund / adviser offered refund if client withdrew complaint /Code of Conduct 2014, cl1 / Immigration Advisers Licensing Act 2007, s442 / adviser should have checked client’s visa history and not relied on client for information about immigration status / linking of refund to withdrawal of complaint unprofessional /client’s evidence unreliable / adviser’s mistakes did not cross disciplinary threshold / client used complaint process as leverage for refund / refund already achieved / complaint dismissed.
  3. INZ (Calder) v Chiv [2019] NZIACDT 73 (21 October 2019) [PDF, 240 KB]

    Rubber stamping / delegating work to unlicensed advisers / failure to exercise proper care / breach of client confidentiality / adviser both immigration adviser & employer / failure to provide valid medical or police certificates / adviser filed applications online without giving clients opportunity to review information / bulk of communications with clients by staff or unlicensed people / staff communicated with clients en masse / Code of Conduct 2014, cl1, cl2e, cl3c, cl4a, cl26c, cl26e / Immigration Advisers Licensing Act 2007, s7, s442 / adviser failed to exercise diligence & due care / obtaining valid medical & police certificates within adviser’s control / adviser must provide accurate information / giving clients an opportunity to check draft application a necessary step / information provided by staff clerical work / minimal personal engagement / delegation of communications to unlicensed people systemic / group emails breached client confidentiality / complaint upheld.
  4. INZ (Gilray) v Croxson [2019] NZIACDT 72 (18 October 2019) [PDF, 142 KB]

    Rubber stamping / allowing unlicensed people to manage visa application process and unlawfully delegating personal obligations to them / failure to provide clients with written agreement / adviser engaged by offshore immigration consultancy which had been engaged by recruiting agency in another country / adviser’s fee paid by consultancy / adviser had no direct communication with clients / agreement signed by consultancy not clients / all clients’ dealings with unlicensed people / adviser mistakenly believed consultancy was his client / Code of Conduct 2014, cl1, cl2e, cl3c, cl17, cl18 / Immigration Advisers Licensing Act 2007, s442 / adviser had no contact with clients whatsoever & left  them to deal with unlicensed people whom he did not know / adviser admitted failure to engage with clients and having no written agreement / adviser did engage with file / quality of work not substandard & did not lack care /  complaint upheld.
  5. NT v Parker [2019] NZIACDT 71 (16 October 2019) Sanctions [PDF, 186 KB]

    Sanctions decision / failure to personally take responsibility for client engagement / filing expression of interest (EOI) for residence in skilled migrant category with little chance of success / EOI claimed incorrect number of points / INZ wrongly made adverse character finding / bulk of communications with unlicensed employee / letter of concern received from INZ not sent to client / Code of Conduct 2014, cl1, cl2e, cl9a, cl 9b / Immigration Advisers Licensing Act 2007, s50 & s51 / failure to engage directly with client serious but not at upper end / adviser had some contact with client & took personal responsibility for application / adviser not responsible for error by INZ / no compensation for expenses not arising from adviser’s wrongdoing / mental damages not a penalty in every case and declined / adviser censured & ordered to pay penalty of $2,500 & compensation of $3,000.
  6. INZ (Greathead) v Ortiz [2019] NZIACDT 69 (7 October 2019) Sanctions [PDF, 107 KB]

    Sanctions decision / failure to establish professional relationship with client / providing false information to INZ / dishonest & misleading conduct / adviser’s licence suspended / criminal convictions for exploiting unlawful employee / client had work visa for farm work but instead worked as a hairdresser at adviser’s salon / client not paid for work / adviser told INZ client was a volunteer & asked client to write a letter to INZ to that effect / INZ did not give permission for client to work at salon / Code of Conduct 2014, cl1, cl3c, cl18a, cl26b / Immigration Advisers Licensing Act 2007, s50, s51 / providing false information most serious complaint / adviser already punished by Court for criminal convictions / gravity of complaint warranted adviser being censured / not necessary to consider cancellation as adviser prohibited from holding licence due to convictions / adviser had low income and two children / adviser censured & ordered to pay penalty of $3,500.
  7. FBN v Broadway [2019] NZIACDT 70 (7 October 2019) [PDF, 136 KB]

    Breach of professional obligations and Immigration Advisers Licensing Act 2007 / dishonest or misleading conduct / renewal of work visa / adviser entered services agreement with employer not client / adviser misunderstood who client was / client’s file selected for review by Immigration Advisers Authority / adviser tried to get client to sign agreement but client did not do so / adviser inserted client’s undated signature onto client agreement and then signed agreement herself / adviser backdated own signature / Code of Conduct 2014, cl18a / Immigration Advisers Licensing Act 2007, s442 / adviser failed to enter written agreement with client / no defence that adviser misunderstood who client was / not dishonest or misleading to obtain signature after services performed but presentation of agreement to Authority was dishonest or misleading / complaint upheld.
  8. INZ (Calder) v Ji [2019] NZIACDT 68 (1 October 2019) Sanctions [PDF, 119 KB]

    Sanctions decision / rubber stamping / breach of professional obligations / permitting unlicensed staff to provide services of a licensed adviser / providing false documentation to INZ / adviser an employee of a company which contracted partner company to communicate with clients and obtain documents / adviser had no direct contact with clients / company filed false information without adviser’s knowledge / Code of Conduct 2014, cl1, cl2e, cl3c / Immigration Advisers Licensing Act 2007, s50 and s51 / adviser’s conduct amounted to serious misconduct / not an isolated incident / rubber stamping at upper end of spectrum / business structure  adviser operated under allowed clients to produce false documents to INZ / adviser admitted misconduct, educated himself about rubber stamping and assisted Authority with investigation / adviser censured and ordered to pay penalty of $7,000.
  9. XN v Ji [2019] NZIACDT 67 (1 October 2019) Sanctions [PDF, 186 KB]

    Sanctions decision / rubber stamping / breach of professional obligations / allowing unlicensed individuals to provide services of licensed adviser / adviser employed by company which contracted partner company to communicate with clients / adviser did not engage with client / client’s communications with unlicensed employees / residence application declined / company delayed sending decline letter / date of decline letter altered / appeal out of time / client claimed compensation for wasted fees / Code of Conduct 2014, cl1, cl2e, cl3c / Immigration Advisers Licensing Act 2007, s50 & s51 / serious misconduct / rubber stamping at upper end of spectrum / adviser admitted misconduct & steps taken to avoid repeat of misconduct / award of compensation declined / client responsible for outcome of application not adviser / loss of opportunity to appeal not material to outcome / adviser censured & ordered to pay penalty of $3,000.
  10. KBN v Wharekura [2019] NZIACDT 66 (26 September 2019) Notice of Suspension of Licence [PDF, 101 KB]

    Suspension / notice of suspension of licence / dishonest or misleading behaviour / adviser admitted falsifying emails showing he had made a special direction request when he had not / Immigration Advisers Licensing Act 2007, s45, s53 / strong evidence of serious misconduct amounting to dishonest and misleading behaviour / necessary to suspend licence in interests of public and to protect reputation of profession / public confidence in profession and immigration system required suspension / licence suspended until Tribunal determines complaint.
  11. NTT v Gong [2019] NZIACDT 65 (12 September 2019) Sanctions [PDF, 113 KB]

    Sanctions decision / failure to properly document professional relationship / adviser knew complainant socially / no written agreement for immigration services / communications not formalised / Code of Conduct 2014, cl18a, cl22, cl25c, cl26a, cl26b, cl26c, cl26e / Immigration Advisers Licensing Act 2007, s50 and s51 / violations arose from one critical mistake – adviser failed to establish professional relationship with someone known socially / failure to put in place proper documentation / proper documentation cannot be dismissed as merely clerical or insignificant / adviser admitted wrongdoing and reviewed her practices / adviser understood her obligations / adviser cautioned and ordered to pay penalty of $1,000.
  12. TT v KEN [2019] NZIACDT 64 (11 September 2019) [PDF, 134 KB]

    Rubber stamping / breach of professional obligations & Immigration Advisers Licensing Act 2007 / failure to engage with client / allowing unlicensed staff to provide immigration services / adviser a contractor for overseas company / agreement with company whereby new clients would be referred to adviser / complainant had no contact with adviser / unlicensed staff met and advised complainant / complainant unsuccessful in obtaining job and sought refund of fees / adviser not aware of complainant until approached for refund / Code of Conduct 2014, cl1, cl2e, cl3c, cl24b, & cl24c / Immigration Advisers Licensing Act 2007, s442 / adviser cannot be responsible for conduct of complainant’s application if he did not know about it / refund not made promptly but complainant never adviser’s client /complaint dismissed.
  13. Registrar of Immigration Advisers v Ho [2019] NZIACDT 63 (6 September 2019) Sanctions [PDF, 113 KB]

    Sanctions decision / rubber stamping / failure to personally engage with client / adviser dealt with client through overseas consultancy / client dealt with employees of consultancy / adviser had no direct contact with client and permitted unlicensed people to provide immigration services / Code of Conduct 2014, cl1, cl2e, cl3c / Immigration Advisers Licensing Act 2007, s50 and s51 / degree of rubber stamping extreme / adviser prevented from reapplying for licence for two years and until she completes professional training / adviser censured and ordered to pay penalty of $3,500.
  14. NT v Parker [2019] NZIACDT 62 (4 September 2019) [PDF, 289 KB]

    Breach of professional obligations & Immigration Advisers Licensing Act 2007 / providing false and misleading information / expression of interest (EOI) for residence in skilled migrant category / EOI claimed incorrect number of points / complainant not eligible to claim points for skilled employment of 12 months or more / INZ provided with all relevant information / most of client engagement with unlicensed employees / delay in sending letter of concern to complainant / Immigration instructions, SM3.5 / Code of Conduct 2014, cl1, cl2e, cl3c, cl9a & cl9b / Immigration Advisers Licensing Act 2007, s44 / impermissible delegation of client engagement / failure to advise client in writing that application had little chance of success / failure to provide letter of concern to complainant / information provided not false or misleading as underlying information accurate / no intention to deceive / complaint upheld.
  15. INZ (Gilray) v Singh [2019] NZIACDT 61 (3 September 2019) Sanctions [PDF, 160 KB]

    Sanctions decision / rubber stamping / delegation of client engagement to an unlicensed person / adviser dealt with clients through overseas consultancy / adviser had no direct engagement with clients and allowed unlicensed person to provide immigration advice / adviser treated employer as main client / Code of Conduct 2014, cl1, cl2e, cl3c, cl26b / Immigration Advisers Licensing Act 2007, s50 and s51 / professional violations serious / conduct an isolated incident - arose from one set of instructions and one critical mistake / adviser accepted misconduct and need for engagement / misconduct not deliberate or dishonest/ breaches arose from adviser’s misunderstanding as to who real clients were / adviser censured and ordered to pay penalty of $3000.
  16. INZ (Foley) v Rodriguez [2019] NZIACDT 60 (30 August 2019) Sanctions [PDF, 115 KB]

    Sanctions decision / failure to exercise due care / adviser recommended candidate to employer with little welding experience for a position that required welding experience / adviser confused as to distinction between welder and fabricator / candidate’s employment terminated upon discovery he did not have required welding skills / adviser apologised and took full responsibility for error / adviser refunded candidate’s fees and paid for travel costs / Code of Conduct 2014, cl1 / Immigration Advisers Licensing Act 2007, s50 and s51 / adviser failed to exercise due care and should’ve better informed herself of distinction between welder and fabricator / no dishonesty or deception / gravity of misconduct lower end of spectrum / no evidence of cost to employer or candidate / isolated incident / no further action taken.
  17. INZ (Greathead) v Ortiz [2019] NZIACDT 59 (29 August 2019) [PDF, 154 KB]

    Breach of professional obligations & Immigration Advisers Licensing Act 2007 / exploitation of unlawful employee / dishonesty / client had work visa for farm work  but was instead worked for adviser’s husband as a hairdresser / client not paid for work / client not permitted to work / adviser told INZ client was a volunteer / adviser convicted of being a party to exploitation / Code of Conduct 2014, cl1, cl2e, cl3c, cl18a, cl26b/ Immigration Advisers Licensing Act 2007, s44 / adviser failed to establish professional relationship with client / adviser failed to inform  client he could not work / adviser’s conduct grossly unprofessional / insufficient evidence adviser was operating through husband on immigration matters / adviser’s behaviour false and misleading / convictions breach of Code but punitive sanction not considered due to punishment in criminal process / public interest sanction necessary as cannot regain licence / complaint upheld.
  18. INZ (Calder) v Tian [2019] NZIACDT 58 (27 August 2019) Sanctions [PDF, 204 KB]

    Sanctions decision / lack of professionalism and due care / failure to provide full files to Authority / adviser misunderstood immigration instructions / wrongly asserted IELTS not justified / unprofessional communications with INZ / adviser made personal attacks against officers with no merit / Code of Conduct 2014, cl1, cl3c, cl26e / Immigration Advisers Licensing Act 2007, s50 and s51 / persons other than client must also be treated professionally and with respect / conduct not in clients’ best interests / statutory demands to produce files straightforward / correspondence with INZ at high end of unprofessional correspondence / adviser censured and ordered to pay penalty of $2000.
  19. 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.
  20. 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.
  21. 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
  22. 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
  23. 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.
  24. 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.
  25. 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