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847 items matching your search terms

  1. [2025] NZIACDT 07 - INZ v Tran (22 January 2025) [PDF, 196 KB]

    Sanctions / adviser permitted unlicensed agent to perform work required to be undertaken by the licensed adviser / four heads of complaint involving seven breaches of Code / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl17a, cl17b, cl17c, cl18c / HELD / breaches of fundamental obligations to personally contract with and engage with visa applicant / adviser contributed to creating an environment for fraud to be perpetrated / moderate gravity of misconduct / first appearance before Tribunal / adviser expressed remorse albeit did not accept more serious breaches in explanation to Authority and made no submission to Tribunal prior to decision / offered no apology for more serious conduct, only certain failings / contrition not fulsome / breaches of core obligations warrant censure / adviser surrendered license / further training not required / refund or compensation not sought / adviser censured / ordered to pay $4,000 financial penalty
  2. [2025] NZIACDT 05 – YI v Liu (14 January 2025) [PDF, 160 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22, cl26aiii and cl26b / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by licensed adviser (‘rubber stamping’) / fundamental obligation to engage directly and personally / breach of cl2e / no services agreement / breach of cl18a / failed to provide evidence of licence / breach of cl14 / failed to provide client opportunity to review INZ application / breach of cl1 / declaration to INZ concerning advice “for” client not false or misleading / no breach of cl1 or cl31a / failed to personally confirm application lodged and provide timely updates / breach of cl26b / failed to provide complete record of communications / breach of cl26aiii / failed to issue invoice / breach of cl22 / retention of invoice not in issue / no breach of cl26aiv / alternative charge of negligence dismissed / complaint partially upheld / sanctions to follow
  3. [2025] NZIACDT 06 – DH v Liu (14 January 2025) [PDF, 252 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22, cl26aiii and cl26b / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by licensed adviser (‘rubber stamping’) / fundamental obligation to engage directly and personally / breach of cl2e / no services agreement / breach of cl18a / failed to provide evidence of licence / breach of cl14 / failed to provide client opportunity to review INZ application / breach of cl1 / declaration to INZ concerning advice “for” client not false or misleading / no breach of cl1 or cl31a / failed to personally confirm application lodged and provide timely updates / breach of cl26b / failed to provide complete record of communications / breach of cl26aiii / failed to issue invoice / breach of cl22 / retention of invoice not in issue / no breach of cl26aiv / alternative charge of negligence dismissed / complaint partially upheld / sanctions to follow
  4. [2025] NZIACDT 04 EI v Liu (14 January 2025) [PDF, 243 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22, cl26aiii and cl26b / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by licensed adviser (‘rubber stamping’) / fundamental obligation to engage directly and personally / breach of cl2e / no services agreement / breach of cl18a / failed to provide evidence of licence / breach of cl14 / failed to provide client opportunity to review INZ application / breach of cl1 / declaration to INZ concerning advice “for” client not false or misleading / no breach of cl1 or cl31a / failed to personally confirm application lodged and provide timely updates / breach of cl26b / failed to provide complete record of communications / breach of cl26aiii / failed to issue invoice / breach of cl22 / retention of invoice not in issue / no breach of cl26aiv / alternative charge of negligence dismissed / complaint partially upheld / sanctions to follow
  5. [2025] NZIACDT 03 IX v Liu (14 January 2025) [PDF, 240 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22 and cl26b / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by the licensed adviser (‘rubber stamping’) / fundamental obligation to engage directly and personally / breach of cl2e / no services agreement between adviser and complainant / breach of cl18a / failed to provide evidence of being licensed / breach of cl14 / failed to provide client opportunity to review INZ application / breach of cl1 / declaration to INZ concerning advice “for” client not false or misleading / no breach of cl1 or cl31a / failed to personally confirm application lodged and provide timely updates / breach of cl26b / failed to issue invoice / breach of cl22 / retention of invoice not in issue / no breach of cl26aiv / alternative charge of negligence dismissed / complaint partially upheld / sanctions to follow
  6. [2025] NZIACDT 01 – ZJ v Liu (13 January 2025) [PDF, 158 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22 and cl26b / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by the licensed adviser (‘rubber stamping’) / fundamental obligation to engage directly and personally / breach of cl2e / no services agreement between adviser and complainant / breach of cl18a / failed to provide evidence of being licensed / breach of cl14 / failed to provide client opportunity to review INZ application / breach of cl1 / declaration to INZ concerning advice “for” client not false or misleading / no breach of cl1 or cl31a / failed to personally confirm application lodged and provide timely updates / breach of cl26b / failed to issue invoice / breach of cl22 / retention of invoice not in issue / no breach of cl26aiv / alternative charge of negligence dismissed / complaint partially upheld / sanctions to follow
  7. [2025] NZIACDT 02 TX v Liu (13 January 2025) [PDF, 241 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22 and cl26b / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by the licensed adviser (‘rubber stamping’) / fundamental obligation to engage directly and personally / breach of cl2e / no services agreement between adviser and complainant / breach of cl18a / failed to provide evidence of being licensed / breach of cl14 / failed to provide client opportunity to review INZ application / breach of cl1 / declaration to INZ concerning advice “for” client not false or misleading / no breach of cl1 or cl31a / failed to personally confirm application lodged and provide timely updates / breach of cl26b / failed to issue invoice / breach of cl22 / retention of invoice not in issue / no breach of cl26aiv / alternative charge of negligence dismissed / complaint partially upheld / sanctions to follow
  8. [2024] NZIACDT 32 - XI v Liu (16 December 2024) [PDF, 237 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl4a, cl14, cl18a, cl22, cl26aiii and cl26b / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by the licensed adviser (‘rubber stamping’) / fundamental obligation to engage directly and personally / breach of cl2e / no services agreement between adviser and complainant / breach of cl18a / failed to provide evidence of being licensed / breach of cl14 / failed to provide client opportunity to review INZ application / breach of cl1 / declaration to INZ concerning advice “for” client not false or misleading / no breach of cl1 or cl31a / failed to personally confirm application lodged and provide updates / breach of cl26b / failed to provide written communications to Authority / breach of cl26iii / failed to issue invoice / breach of cl22 / retention of invoice not in issue / no breach of cl26aiv / complaint partially upheld / sanctions to follow
  9. [2024] NZIACDT 31 – HG v Liu (16 December 2024) [PDF, 158 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl4a, cl14, cl18a, cl22 and cl26b / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by the licensed adviser (‘rubber stamping’) / fundamental obligation to engage directly and personally / breach of cl2e / no services agreement between adviser and complainant / breach of cl18a / failed to provide evidence of being licensed / breach of cl14 / failed to provide client opportunity to review INZ application / breach of cl1 / declaration to INZ concerning advice “for” client not false or misleading / no breach of cl1 or cl31a / failed to personally confirm application lodged and provide timely updates / breach of cl26b / failed to issue invoice / breach of cl22 / retention of invoice not in issue / no breach of cl26aiv / alternative charge of negligence dismissed / complaint partially upheld / sanctions to follow
  10. [2024] NZIACDT 30 INZ v Li (6 December 2024) [PDF, 250 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2a, cl2e, cl4a, cl8a, cl14, cl18b, cl26b and cl31a / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by the licensed adviser (‘rubber stamping’) / fundamental obligation to engage directly and personally / breach of cl2e / provided false or misleading documentation to INZ concerning provision of advice to client, no evidence of wilful deception / breach of cl31a / forwarded client’s confidential information to unlicensed adviser / breach of cl4a / failed to provide evidence of being licensed and explain all significant matters / breaches of cl14 and cl18b / failed to provide client opportunity to review INZ application / breach of cl1 / failed to confirm application lodged and provide timely updates / breach of cl26b / failed to maintain relationship of confidence and trust / breach of cl2a / failure to facilitate interpreter-translator inapplicable a…
  11. [2024] NZIACDT 29 INZ v Li (6 December 2024) [PDF, 253 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2a, cl2e, cl4a, cl8a, cl14, cl18b, cl26b and cl31a / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by the licensed adviser (‘rubber stamping’) / fundamental obligation to engage directly and personally / breach of cl2e / provided false or misleading documentation to INZ concerning provision of advice to client, no evidence of wilful deception / breach of cl31a / forwarded client’s confidential information to unlicensed adviser / breach of cl4a / failed to provide evidence of being licensed and explain all significant matters / breaches of cl14 and cl18b / failed to provide client opportunity to review INZ application / breach of cl1 / failed to confirm application lodged and provide timely updates / breach of cl26b / failed to maintain relationship of confidence and trust / breach of cl2a / failure to facilitate interpreter-translator inapplicable a…
  12. [2024] NZIACDT 28 - EM v Ma (4 December 2024) [PDF, 214 KB]

    Sanctions / adviser permitted unlicensed agent to perform work required to be undertaken by the licensed adviser / no recorded written communications during engagement / eight breaches of Code / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl18b, cl26aiii, cl26b, cl26c, cl31a / HELD / breach of fundamental obligation of advisers to personally engage with visa applicant / enabling agent to deal exclusively with complainant contributed to creating an environment for fraud to be perpetrated despite attendance to substantive immigration issues / partial, rather than complete, ‘rubber stamping’ / moderate gravity of misconduct / second appearance before Tribunal / adviser apologised for misconduct / unclear whether adviser understands obligation to engage directly with client and document communications / no evidence of dishonesty / adviser censured / no modification to ongoing suspension order required / directed to undertake training / $5,…
  13. [2024] NZIACDT 27 - INZ v Tran (20 November 2024) [PDF, 230 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s45, s49, s50 and s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl17 and cl18b / HELD / adviser had little or no direct communication with client / agent could not sign service contract on client’s behalf in absence of disability or other compelling reason / client’s mother’s consent irrelevant / adviser must ensure client personally signs and understands contract / breach of cl18c and cl1 / permitted unlicensed agent to perform work required to be undertaken by the licensed adviser / ‘rubber stamping’ / failed to directly and personally inform the client and obtain informed instructions / breach of cl2e and cl1 / failed to provide evidence of licence to client / recording status as adviser in e-mail signature insufficient / breach of cl14 and cl1 / failed to provide client with summary and explanation of professional responsibilities, complaints procedure and Code / breach of cl17 / complaint upheld / sanctions to follow
  14. [2024] NZIACDT 26 – QN v Nandan (12 November 2024) [PDF, 227 KB]

    Sanctions / adviser failed to disclose in writing a conflict of interest to employee complainant and consequently did not obtain written informed consent to continued representation / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl5, cl6 / HELD / complainant aware of existence of conflict but may not have appreciated implications of conflict / adviser unable to provide independent advice to employee / gravity of wrongdoing properly assessed as lower end of moderate / adviser cooperated with Authority and Tribunal / adviser disputed breach at hearing but since expressed appreciation of wrongdoing / second appearance before Tribunal / previous complaint of limited relevance / adviser no longer practicing as immigration adviser, but consumer protection interests support need for general deterrence / claim for compensation failed to establish damages or losses arose due to complainant’s misconduct / adviser censured / ordered to pay $2,500 financial penalty
  15. [2024] NZIACDT 25 - EM v Ma (25 October 2024) [PDF, 244 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18b, cl26aiii, cl26b, cl26c and cl31a / HELD / dishonesty heads of complaint dismissed due to lack of complainant response / insufficient evidence to find written agreement not genuine, but among worst example of record keeping before Tribunal / breach of cl1 partially upheld / unauthorised delegation to adviser; one interview with complainant wholly inadequate / rubber stamping / breach of cl2e / failed to provide evidence of license / breach of cl14 / failed to explain all significant matters / breach of cl18b / no recorded written communications during engagement / breach of cl26aiii and c / failed to confirm application lodged and provide timely updates / breach of cl26b / incorrectly, negligently failed to declare assistance to INZ / breach of cl 1 and 31a / failure to notify INZ of adviser not false or deceptive misrepresentation of client / no breach of cl 29d / sanct…
  16. [2024] NZIACDT 24 – FM v Yang (23 October 2024) [PDF, 108 KB]

    Sanctions / adviser permitted unlicensed agent to perform work required to be undertaken by the licensed adviser / eight to nine breaches of Code / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl17a, cl17a, cl18b, cl22, cl23, cl26b and cl26c / HELD / breach of fundamental obligation of advisers to personally engage with visa applicant / enabling agent to deal exclusively with complainant contributed to creating an environment for fraud to be perpetrated despite attendance to substantive immigration issues / moderate gravity of misconduct / first appearance before Tribunal / co-operated throughout complaint process but consistently denied wrongdoing / since expressed remorse and implemented new procedures to prevent wrongdoing / further training not required / breach of core obligation warrants censure / lower end of moderate penalty appropriate / refund or compensation not sought / adviser censured / ordered to pay $3,000 financial penalty
  17. [2024] NZIACDT 23 - FM v Yang (03 September 2024) [PDF, 263 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl17a, cl17a, cl18b, cl22, cl23, cl26b and cl26c / HELD / adviser permitted an unlicensed agent to perform work required to be undertaken by the licensed adviser (‘rubber stamping’) / Tribunal rejected license’s suggestion that complainant had sought exclusive communication through agent / in any event, complainant’s authorisation would not usurp adviser’s statutory duties / adviser contributed to creating an environment for fraud to be perpetrated / however, no evidence of illegitimate commission received by adviser / failed to directly provide invoice and receipt to complainant / did not confirm in writing to the client when visa application was lodged and approved / complaint partially upheld / sanctions to follow
  18. [2024] NZIACDT 22 – QN v Nandan (29 August 2024) [PDF, 229 KB]

    Conflict of interest and professional practice / Code of Conduct 2014, cl18a, cl26aiii, cl26b, cl26d, cl26e, cl26f, cl29a, cl31a / HELD / Tribunal declined Registrar to cross-examine adviser in complainant’s absence / dishonesty and withholding information complaints cannot be sustained without complainant’s evidence, dismissed / disciplinary threshold / breach of cl26b but does not warrant disciplinary action / client knew of visa decision regardless / breach of cl18, cl26aiii, cl26d & cl26e but does not warrant disciplinary action / inadequate response to Registrar explained (not excused) by inadequate file and being overseas; inadequate file itself and lack of written agreement explained (not excused) by relationship with client (employee and friend) / breach of cl5 & cl6 by acting for employee without disclosure in writing and written consent / complaint partially upheld
  19. [2024] NZIACDT 21 KL v Lawlor (sanctions) (19 July 2024) [PDF, 215 KB]

    Sanctions / adviser gave incorrect advice regarding impact of travel on residence visa application / filed application while complainant was overseas / failed to provide draft application to complainant and to fully respond to INZ’s concern / failed to comply with invoice and client fund rules / failure to tell complainant of outcome and provide timely updates / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl22, cl25a, cl25b, cl25e, cl25f, cl26b / HELD / fifth appearance before Tribunal / lack of, inattention to, or disregard for basic immigration knowledge / advice sought critical to complainant’s circumstances / aggravated by previous disciplinary history / failure to learn from previous disciplinary action / protection of public required / adviser censured / prevented from reapplying for licence for further two years / ordered to pay $5,000 financial penalty / ordered to pay $6,600 in compensation and refund
  20. [2024] NZIACDT 20 – LB v Luv (8 July 2024) [PDF, 213 KB]

    Sanctions / adviser did not inform complainant of futility of residence visa application / no written acknowledgement from complainant of such advice / charged excessive fee / failed to maintain consistent communication with complainant / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl9, c24, c26 / HELD / first appearance before Tribunal / misconduct towards lower end of moderate level / no apology to complainant / adviser failed to accept that she had failed to inform complainant of lack of eligibility / nonetheless demonstrated level of acceptance of Tribunal’s findings / acknowledged valuable lesson to be learned / no training required / no need to denounce misconduct / adviser cautioned / ordered to pay $3,500 financial penalty / ordered to pay $6,810 refund / compensation of $29,000 refused as no evidence that claimed expenses causally related to adviser’s wrongdoing
  21. [2024] NZIACDT 19 – SC v Murthy (21 June 2024) [PDF, 244 KB]

    Sanctions / adviser failed to recognise complainant’s ineligibility for visa / failed to obtain complete file before application / failed to recognise that visa application was futile and to obtain complainant’s written consent / failed to conduct oneself with professionalism, diligence and due care / negligence / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl9 / HELD / sixth appearance before Tribunal / moderate to serious gravity of offending in totality / wrongdoing occurred prior to training directed by Tribunal arising from separate proceedings / adviser commended for new extensive systems introduced to reduce risk of ‘paperwork’ offending / demonstrated insight into failings by taking practical steps to improve processes / further training not necessary / notwithstanding lack of apology, threshold for suspension not met / adviser censured / ordered to pay $6,000 financial penalty / ordered to pay $4,660 in compensation and refund
  22. [2024] NZIACDT 18 – KL v Lawlor (24 May 2024) [PDF, 145 KB]

    Diligence and due care / professional practice / Code of Conduct 2014, cl1, cl22, cl25a, cl25b, cl25e, cl25f, cl26b / HELD / breach of cl1 / gave incorrect advice to complainant regarding impact of travel on 2021 Resident Visa application / filed application while complainant was overseas / failed to provide draft application to complainant for review before filing / failed to deal with INZ’s concern about complainant’s travel at time of application / breach of cl22, cl25a, cl25b, cl25e, cl25f / failed to provide invoice / adviser does not deny breaching obligations regarding client funds / no evidence he still holds complainant’s funds in client account / breach of cl26b / failed to reply to complainant’s requests for updates / failed to inform complainant of outcome of application / complaint upheld
  23. [2024] NZIACDT 17 – LB v Luv (23 May 2024) [PDF, 298 KB]

    Diligence and due care / professional responsibilities and professional practice / Code of Conduct 2014, cl1, cl9b, cl20a, cl24a, cl24b, cl24c, cl25a, cl25f, cl26b / HELD / no breach cl1 / insufficient evidence adviser did not realise complainant’s work experience was ineligible for points under skilled migrant category / breach of cl9b / adviser did not inform complainant of futility of application / no written acknowledgement from complainant of such advice / complainant’s general text message or signature on service agreement insufficient / no breach of cl20a / breach of cl24a / adviser failed to offer refund when services terminated or when complainant requested refund / no breach of cl24b, cl25a and cl25f / adviser entitled to fee in accordance with service agreement / breach of cl26b / adviser tardy in communications with complainant / delays not justified by holiday period and other personal and professional commitments / complaint partially upheld
  24. [2024] NZIACDT 16 – LT v Registrar (23 May 2024) [PDF, 139 KB]

    Appeal against Registrar rejecting complaint / complaint adviser intentionally inserted incorrect occupation code in work visa application leading to decline / Registrar rejected complaint on basis it disclosed only a trivial or inconsequential matter / Code of Conduct 2014, cl1 / HELD / no evidence adviser intentionally or dishonestly inserted incorrect code / adviser believed in good faith incorrect code was a better match for complainant’s occupation / incorrect code did not lead to decline of visa / visa declined as INZ required report from employer, but employer refused / employer’s refusal not caused by adviser inserting incorrect code / employer was always unsupportive / adviser breached cl1 by failing to send draft application to complainant prior to filing, which would have allowed complainant to insert correct code / correction would have made no difference to outcome as employer not prepared to cooperate / breach does not warrant disciplinary action / appeal rejected
  25. [2024] NZIACDT 15 – YT v CX (14 May 2024) [PDF, 290 KB]

    Dishonest or misleading behaviour / diligence and due care / professional responsibilities and professional practice / immigration and support services / Code of Conduct 2014, cl1, cl2e, cl17c, cl18a, cl18b, cl19f, cl20a, cl22 / HELD / no dishonest or misleading behaviour / breach of cl17c / adviser did not provide internal complaint procedure but complainant was made aware of it / disciplinary action unwarranted / no breach of cl18a, cl22 / written agreement and invoice provided / adviser not required to directly provide agreement or invoice / no breach of cl18b / adviser explained agreement over telephone / no breach of cl19f / adviser specified fixed fee for services / breach of cl20a / fee was reasonable as it covered extensive services / breach of cl2e / work by unlicensed employee mostly clerical and only minimal in immigration advice work / disciplinary response unwarranted / no breach of cl1 / adviser not required to provide translation services / complaint dismissed