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699 items matching your search terms

  1. [2022] NZIACDT 24 - DA v Ji (20 September 2022) [PDF, 173 KB]

    Conflict of interest & failed to maintain a client file / Immigration Advisers Licensing Act 2007, s 442 / Code of Conduct 2014, cl3a, cl5, cl6, cl26aiii, cl26e / HELD / complaint adviser facilitated payment of employment premium not proven, conflicting evidence about purpose of payment / breach of cl5 & cl6 / adviser was also a director of the restaurant employing the complainant but did not disclose the conflict in writing or obtain written consent / breach of cl26aiii & cl26e / client file contained limited communications with complainant and none with their employer, and adviser did not provide the same to the IAA / complaint partially upheld
  2. [2022] NZIACDT 23 - TQ v Gibson - Sanctions (7 September 2022) [PDF, 107 KB]

    Sanctions / diligence and due care / adviser failed to reply to PPI letter, provide timely updates, or inform complainant their application was declined / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl26b / HELD / isolated occasion of wrongdoing that had serious consequences, as complainant’s residence application was declined / adviser acknowledged mistake and apologised, improved business practices and hired additional help & fully refunded fees that were paid to prior business owner ($10,000) / adviser cautioned / ordered to pay $1,000 financial penalty / compensation of $2,000 awarded for distress, considering the full refund and the financial penalty ordered
  3. [2022] NZIACDT 22 - SU v Murthy (Sanctions) (29 August 2022) [PDF, 202 KB]

    Sanctions / diligence and due care / adviser was late seeking an NZQA assessment / no service contract for work visa / no written confirmation given of termination of services or oral advice / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl18a, cl26c, cl28a / HELD / second appearance before Tribunal / adviser censured & directed to undertake further training due to deficient systems and understanding of professional obligations / ordered to pay $1,500 financial penalty / claim for refund of fees ($3,553) upheld, including the $445 NZQA fee which was paid late and without checking whether the client still wished to proceed / compensation claim not upheld as not particularised or evidenced 
  4. [2022] NZIACDT 21 - CT v Nandan (18 August 2022) [PDF, 215 KB]

    Adviser failed to provide an invoice, refund & confirm that the service contract was terminated / Immigration Advisers Licensing Act 2007, s7, s442, s50, s51 / Code of Conduct 2014, cl1, cl22, cl24c, cl28a / HELD / adviser surrendered licence to become a lawyer / breach of cl22 / did not provide invoice for client’s payment / breach of cl24c / after surrender of licence, service contract was effectively terminated / obliged to refund deposit, less value of work done and invoiced / eventual offer to refund was 19 months after initial request / initial refusal on the basis contract prohibited refunds for change of mind contrary to cl24 / client entitled to “fair and reasonable” refund per cl24a & cl24c / breach of cl28a / did not confirm contract termination in writing / name suppression refused / presumption in favour of publication not displaced / complaint upheld
  5. [2022] NZIACDT 20 - XZ v Liu (10 August 2022) [PDF, 206 KB]

    Sanctions / diligence and due care / gave incorrect advice to client about whether they could enter New Zealand, delaying return and employment / honest mistake but not advice a reasonable, prudent and diligent practitioner would give / Immigration Advisers Licensing Act 2007, s3, s50, s51 / first appearance before Tribunal / isolated incident of wrong advice that had severe consequences / low level wrongdoing / adviser cautioned, rather than censured / ordered to pay $1,000 financial penalty / no justification for refund of successful residence application fees / compensation claim partially upheld for lost wages / Tribunal may award reasonable compensation; a contribution towards losses and expenses, not an indemnity / large compensation claims cannot avoid usual civil process / four weeks gross wages ($4,480) awarded for loss of income
  6. [2022] NZIACDT 19 – TA v Tian (Sanctions) (25 July 2022) [PDF, 185 KB]

    Sanctions / dishonest behaviour / numerous breaches of obligations over multiple applications / false representations about application status and completed work while doing nothing / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl9, cl18a, cl26a, cl29a / HELD / high end of misconduct / in addition to deceit, 16 breaches of obligations / fourth upheld complaint against adviser with a pattern of deceitful conduct / did not engage with disciplinary process in a meaningful way / grave consequences for complainant / adviser censured / prevented from reapplying for maximum period of 2 years / ordered to pay $8,000 financial penalty / compensation of $27,145 ordered ($20,955 for wasted polytechnic fees, $1,150 for first s61 request after wrongdoing uncovered, and $5,000 emotional distress)  / costs for legal fees on complaint not awardable / fees for further immigration applications did not arise from adviser’s wrongdoing, disallowed
  7. [2022] NZIACDT 18 - TQ v Gibson (25 July 2022) [PDF, 209 KB]

    Diligence and due care / adviser failed to reply to PPI letter or inform complainant their application was declined / Immigration Advisers Licensing Act 2007, s7, s442, s50, s51 / Code of Conduct 2014, cl1, cl26a / HELD / adviser did not engage with Tribunal / breaches of cl1 / lack of professionalism, diligence and due care in failing to substantively respond to PPI letter, compounded by not obtaining urgent instructions after being reminded by INZ / failure to inform complainant of application outcome, or reply to complainant’s emails regarding work visa and residence application, also constitute breaches of cl26a / dishonesty or misleading conduct allegation not upheld, as adviser did not know of decline decision before being told by complainant / complaint upheld
  8. [2022] NZIACDT 17 - SU v Murthy (18 July 2022) [PDF, 305 KB]

    Diligence and due care / adviser failed to check whether staff had correctly filed NZQA application & did not personally check after being asked by client / Immigration Advisers Licensing Act 2007, s7, s442, s50, s51 / Code of Conduct 2014, cl1, cl18a, cl26c, cl28a, cl29f / HELD / breach of cl1 / failing to check on NZQA application for two months is an unacceptable delay / dishonesty allegations not established / adviser’s responses to client regarding NZQA application inquiries in good faith, not dishonest / belatedly paid NZQA fee after complainant terminated work visa services / should have checked client wished to proceed, but payment not dishonest because of belief NZQA application services had not been terminated / advice that EOI selections would recommence unduly optimistic, not deceitful / breach of cl18a / no service contract for work visa / breach of cl28a & cl26c / no written confirmation of termination of services or oral advice given / complaint upheld
  9. [2022] NZIACDT 16 GX v Registrar (5 July 2022) [PDF, 182 KB]

    Appeal against Registrar rejecting complaint / complaint adviser used misleading and invalid agreements, did not provide or explain Code of Conduct and internal complaints procedure, asked to charge a higher fee, required payment in cash & in breach of contract / Registrar rejected complaint on basis it disclosed only a trivial or inconsequential matter / Immigration Advisers Licensing Act 2007, s7, s442, s451, s54 / Code of Conduct 2014, cl1, cl17, cl18b, cl19m, cl19n / Ekanayake v Registrar of Immigration Advisers [2015] NZIACDT 67 / Immigration New Zealand (Calder) v Cleland [2019] NZIACDT 25 / HELD / file evidences breaches of cl1, cl17, cl18b, cl19m & cl19n / as objective of tax residency work was to secure visa, tax work captured by “immigration advice” definition / failure to recognise this meant adviser entered into agreement without following Code obligations / other complaints not established / Registrar exercised discretion reasonably and lawfully / appeal rejected
  10. [2022] NZIACDT 15 - BC v Lawlor (29 June 2022) [PDF, 218 KB]

    Sanctions / negligence / numerous breaches of Code / failed to file requests / failed to identify clients’ ineligibility / failed to get approval to change visa category / failed to have written agreement / failed to respond to INZ letter / failed to inform clients they were unlawful & provide updates / failed to advise outcome / did not ensure payment for reconsideration application / failed to confirm details of material discussions in writing / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl18a, cl26aiii, cl26b, cl26c / HELD / adviser accepted wrongdoing / first appearance before Tribunal / serious professional failures with significant consequences / adverse publicity a usual consequence, of limited relevance for sanctions / health issues at the relevant time / adviser censured / no training directed as misconduct explained by health / $2,000 financial penalty ordered / no submissions for refund or compensation, none ordered
  11. [2022] NZIACDT 14 - XZ v Liu (27 June 2022) [PDF, 220 KB]

    Diligence and due care / adviser gave incorrect advice to client about whether they could enter New Zealand / originally gave correct advice, but in later correspondence, failed to correctly identify the relevant start date of client’s visa / assumed date of INZ letter was the same as visa start date / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / Immigration Act 2009, s62 / HELD / adviser admitted mistake / breach of cl 1 / faced with simple question and relevant instruction is uncomplicated / expected to correctly know facts and INZ criteria when giving advice on critical matter such as returning to NZ to undertake employment / adviser should have double-checked and followed up later if facing difficulties communicating / although common, not invariable that date of visa letter will align with start date / momentary lapse in concentration, but not an excusable human error / complaint upheld 
  12. [2022] NZIACDT 13 – BU v McCarthy (20 June 2022) [PDF, 108 KB]

    Sanctions / dishonest behaviour / failed to lodge a s 61 request after accepting instructions and payment to do so / deliberately deceived client into believing request had been made for about 18 months / Immigration Advisers Licensing Act 2007, s3, s50, s51 / HELD / first appearance before Tribunal / adviser provided no explanation & did not engage with Tribunal / conduct exacerbated by contempt for disciplinary process / serious misconduct with serious consequences for client / adviser censured / no longer licensed / prohibited from applying for a licence for the maximum period (two years) in light of attitude to disciplinary process & no confidence adviser has learned anything / ordered to pay $4,000 financial penalty / claim for refund of fee ($4,025) not opposed, upheld / award of $2,000 compensation for emotional distress
  13. [2022] NZIACDT 12 - LS v Murthy (27 May 2022) [PDF, 98 KB]

    Sanctions / adviser failed to communicate adequately / did not confirm in writing when she lodged application / did not confirm termination of services in writing / Immigration Advisers Act 2007, s3, s50, s51 / Code of Conduct 2014, cl26b, cl28a / first appearance before Tribunal / important to communicate professionally, but conduct not serious / adviser cautioned / circumstances do not justify a small financial penalty / conduct did not cause complainant loss, no grounds for refund
  14. [2022] NZIACDT 11 - BU v McCarthy (18 May 2022) [PDF, 193 KB]

    Adviser failed to lodge s 61 request / failed to keep client informed of developments in a timely manner / misled clients by pretending an application had been made / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / HELD / breaches of cl 1 / request should have been ready to lodge in the months between receiving instructions and payment, but adviser concedes he failed to act / adviser unprofessional and lacked diligence / further, few communications to clients did not keep them informed of progress / last communication was misleading in that it pretended an application had been made, and clients continued to believe this until they contacted INZ directly / did not provide an explanation to Tribunal / advisers are obliged to explain conduct in the face of dishonesty allegation / adverse inference of misleading behaviour drawn / complaint upheld
  15. [2022] NZIACDT 10 - BC v Lawlor (18 May 2022) [PDF, 192 KB]

    Negligence / numerous breaches of Code / failed to identify qualification did not meet instructions & client’s ineligibility / failed to get approval to change visa category / failed to have written agreement / failed to respond to INZ letter / failed to inform clients they were unlawful & provide updates / failed to advise outcome / did not ensure payment for reconsideration application / failed to file requests in a timely manner & when requested / failed to confirm details of material discussions in writing / Immigration Advisers Licensing Act 2007, s 442 / Code of Conduct 2014, cl1, cl2e, cl18a, cl26aiii, cl26b, cl 26c / adviser conceded Code breaches & provided explanation / errors attributed to health and personal difficulties / acting pro bono does not lower standard required / no breach of cl26aiii, it does not require creation of written communications; cl26(c) does / complaint upheld
  16. [2022] NZIACDT 9 NL v Registrar (2 May 2022) [PDF, 193 KB]

    Appeal against Registrar rejecting complaint / complaint adviser had a conflict of interest and underpaid wages / Registrar rejected complaint on basis it did not disclose any of the statutory grounds of complaint / Immigration Advisers Licensing Act 2007, s442, s451, s54 / Code of Conduct 2014, cl2, cl5, cl6, cl7 / employment related claims are not within jurisdiction / adviser offered to employ appellant and submit work visa application / conflict of interest recognised by adviser in a letter which also recommended independent immigration advice / appellant signed acknowledgement he received letter and understood it / adviser satisfied professional obligations for potential conflict but best practice would be clear and express consent to representation despite the conflict, and to record nature of conflict / standard agreement should have been tailored to circumstances / appellant knew of adviser’s role and signed acknowledgement and client agreement / appeal rejected
  17. [2022] NZIACDT 8 - IF v Registrar (2 May 2022) [PDF, 111 KB]

    Appeal against Registrar rejecting complaint / complaint adviser wrongly assumed visa expiry dates of appellant and wife were the same, resulting in the wife becoming unlawful / Registrar rejected complaint on basis it disclosed only a trivial or inconsequential matter / Immigration Advisers Licensing Act 2007, s442, s451, s54 / Code of Conduct 2014, cl1 / Liston v The Director of Proceedings [2018] NZHC 2981 / adviser breached cl1 by not identifying correct expiry date and notifying wife / accepted situation stressful / minimum threshold for sanctions for public protection / mistake mitigated by apology, rectification, admission of mistake to INZ, offer to reimburse lost wages, no adverse consequences & migrants bear an obligation to ensure they are aware of visa expiry dates / minimal delays caused to residence application / other losses not particularised by appellant / other complaints / Registrar found delays did not warrant formal process / appeal rejected
  18. [2022] NZIACDT 7 - TA v Tian (27 April 2022) [PDF, 211 KB]

    Dishonest behaviour / numerous breaches of obligations over multiple applications / false representations about application status and completed work / failed to inform client of application outcomes / failed to provide sufficient explanations and a mandatory document to INZ / did not advise of risks or properly document advice regarding futile immigration matters / failed to have a written agreement with client / failed to maintain a client file / failed to inform client of licence suspension / Immigration Advisers Licensing Act 2007, s442, s50, s511 / Code of Conduct 2014, cl1, cl9, cl18a, cl26a, cl29a / adviser provided no explanation in response to complaint / professionals have a duty to respond to complaint and disciplinary processes / adverse inference drawn / failure to advise application outcomes was deliberate / hiding suspended licence status was a gross breach of trust / dishonestly pretended to assist client / complaint upheld
  19. [2022] NZIACDT 6 IL v Khetarpal (19 April 2022) [PDF, 193 KB]

    Sanctions / due care / failed to inform client salary did not meet immigration instructions, and filed son’s application under wrong category / failed to disclose she was providing advice pursuant to interim order of District Court as required / failed to provide client with written agreement & client file to IAA / Immigration Advisers Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl3a, cl18a, cl26e / adviser did not engage with Tribunal / four previous disciplinary findings, also involving lack of due care and professionalism / licence has previously been cancelled / adviser censured / prohibited from reapplying for any licence for two years, to run concurrently with existing order / ordered to pay $3,500 financial penalty / claim for compensation for lost wages does not show claimed losses arose from adviser’s wrongdoing
  20. [2022] NZIACDT 5 – LS v Murthy (4 April 2022) [PDF, 199 KB]

    Failure to confirm matters in writing / Code of Conduct 2014, cl1, cl26b, cl26f, cl28a / Immigration Advisers Licensing Act 2007, s5, s7, s442, s49 / HELD / jurisdiction / work on NZQA qualification assessment was immigration advice as a necessary document for a residence visa / oral hearing / complainant did not attend hearing / allegations of dishonest or misleading behaviour not upheld / adviser’s evidence she was authorised to create email address for complainant plausible, accepted / adviser’s evidence she stopped work after seeing message terminating services, accepted / no breach of cl 1 for failing to lodge assessment in a timely manner, work was not urgent / no breach of cl26f for failing to provide documents when requested, statement of complaint does not identify what documents were subsequently provided or not / breaches of cl26b & cl28a for failing to confirm in writing when NZQA assessment application was lodged, and when services were terminated / complaint upheld
  21. [2022] NZIACDT 4 - ZI v Wan Sanctions (3 March 2022) [PDF, 199 KB]

    Sanctions / diligence and due care / failed to lodge variation of conditions application / failed to inform client INZ rejected exemption to guardian visitor visa conditions / client breached visa conditions / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1 / one previous disciplinary finding / adviser censured / no training order justified, complainant does not identify what training is required / ordered to pay $2,000 financial penalty / compensation not sought due to settlement agreement
  22. [2022] NZIACDT 2 - TC v Registrar (11 February 2022) [PDF, 198 KB]

    Appeal against Registrar rejecting complaint / complaint adviser failed to inform INZ that client had lost his job, breached confidentiality by sharing information with employer, and mistakenly informed client INZ would issue the family visitor visas / Registrar rejected complaint on basis it disclosed only a trivial or inconsequential matter / Immigration Advisers Licensing Act 2007, s442, s451, s54 / Code of Conduct 2014, cl18a, cl26aii / not accepted INZ not informed that client lost employment / client informed INZ without reference to adviser / when client communicates directly with INZ, less clear who is responsible for any failure to inform / no evidence of breach of confidentiality or that adviser lied to client concerning visitor visa / public hospital charges arising out of failing to have a visa not the responsibility of adviser / absence of written agreement is a breach of cl18a, Registrar appropriately issued a reminder / appeal rejected  DP
  23. [2022] NZIACDT 3 - IL v Khetarpal (10 February 2022) [PDF, 140 KB]

    Due care / adviser failed to inform client salary did not meet immigration instructions, and filed son’s application under wrong visa category / failed to disclose she was providing advice pursuant to interim order of District Court as required / failed to inform client of and obtain instructions on INZ letter / also failed to provide client with written agreement & client file to IAA / Immigration Advisers Licensing Act 2007, s442, s Code of Conduct 2014, cl1, cl2e, cl3a, cl18a, cl26e / adviser did not contest allegations / breach of cl1 in not advising income did not meet instructions & making visa application under wrong category  / breach of cl3a in not disclosing she was providing advice pursuant to interim order, in breach of District Court order / failure to take instructions a technical breach of cl2e, but not material as no allegation that reply was inadequate / breach of cl18a & cl26e in not providing written agreement to client & client file to IAA / complaint upheld
  24. [2022] NZIACDT 1 - ZI v Wan (19 January 2022) [PDF, 208 KB]

    Diligence and due care / client breached visa conditions by travelling offshore twice without their child while holding a guardian visitor visa / visa required that client live with their child in NZ / first trip involved a family emergency / adviser failed to lodge a separate variation application, instead relying on immigration officer’s failure to object while questioning departure / second trip was to gather evidence for residence visa application / adviser failed to inform client that INZ refused a temporary exemption to visa condition, or warn of consequences of departing in breach / Code of Conduct 2014, cl1 / Immigration Advisers Licensing Act 2007, s442 / breach of cl1 found / adviser accepts he should have made formal variation application, and should have informed client of adverse decision and advised of risks and options / complaint upheld
  25. [2021] NZIACDT 26 - RH v Ji - Sanctions (23 December 2021) [PDF, 277 KB]

    Sanctions / dishonest behaviour / deliberately misled INZ and IAA / conflict of interest / numerous breaches of obligations / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl5, cl7a, cl17a, cl17b, cl17c, cl18b, cl19l, cl22, cl31a / adviser did not engage with Tribunal until sanctions stage / found to have notice of proceedings / did not accept more serious findings / explanation that behaviour not dishonest, rejected / three previous disciplinary findings, including dishonesty / adviser censured / has not learned from prior appearances, not worthwhile to order training / prevented from reapplying for licence for maximum two years / prevention is sanction of last resort, consumers protection required / supervision not adequate / ordered to refund $1,000 fees / compensation must arise from misconduct / ordered to compensate $1,000 for stress / compensation for complainant’s labour compiling complaint, declined / ordered to pay $5,000 financial penalty