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Search results

663 items matching your search terms

  1. [2021] NZACDT 14 - YC v Wan (29 June 2021) [PDF, 133 KB]

    Sanctions decision / diligence / failure to respond to INZ / failure to obtain and carry out client instructions & provide advice / failure to ensure client agreement contained name and licence number of other adviser providing advice & required provisional licence details / failure to update client / failure to provide full file on request from new adviser / Immigration Advisers Licensing Act 2007, s3, s50, s51 / first appearance before Tribunal / accepted wrongdoing, improved business process / as provisional licence holder not identified in agreement, adviser’s responsibility to undertake work & maintain direct relationship with client / not rubber stamping & client intended to engage provisional licence holder / training not ordered due to isolated mistakes and demonstrated learning / reasonable compensation not an indemnity, but contribution / adviser ordered to refund fee and compensate $2,360 / adviser ordered to pay $1,000 financial penalty

  2. [2021] NZACDT 15 - YC v Han (29 June 2021) [PDF, 99 KB]

    Sanctions decision / failure to ensure client agreement contained provisional licence holder details / failure to update client / Immigration Advisers Licensing Act 2007, s3, s50, s51 / first appearance before Tribunal / provisional licence holder at time of misconduct / accepted wrongdoing, improved business process / provisional licence holder obligated to ensure written agreement covers them and their work, but not as serious as no written agreement at all / adviser cautioned / adviser ordered to pay $500 financial penalty

  3. [2021] NZIACDT 13 - TI v Malcolm (8 June 2021) [PDF, 220 KB]

    Misleading behaviour / advised failed to submit application on time & concealed application had not been submitted / did not pass on INZ letter to complainant / Immigration Advisers Licensing Act 2007, s50, s51 / Licensed Immigration Advisers Code of Conduct 2014, cl 1, cl2a, cl26b, cl26e / lack of due care / application urgent and straightforward / should have been made earlier, including copy of passport & online to speed up processing / failed to advise of and respond to INZ letter / adviser misled complainant as to when application would be filed and lied, blaming delay on INZ / clause in agreement not to contact INZ not found to be scheme to mislead / failure to communicate, provide advice and reply to INZ letter a breach of trust and confidence / failed to update complainant / adviser failed to provide copy of client file to Registrar / complaint upheld

  4. [2021] NZIACDT - 12 EM v Yong (3 June 2021) [PDF, 164 KB]

    Rubber stamping / permitting unlicensed employees to perform immigration work / adviser failed to engage with complainant & had his staff communicate with them / closely supervised staff / operated offshore / Immigration Advisers Licensing Act 2007, s7, s44 / Code of Conduct 2014, cl1, cl2a, cl2e, cl3c / conduct not negligent or lacking due care / deliberate but not knowingly a breach of the Code / adviser failed to personally maintain relationship of confidence and trust or provide advice / failed to obtain and carry out instructions / failed to conduct himself in accordance with Act / complaint upheld

  5. [2021] NZIACDT 11 - YC v Han (19 May 2021) [PDF, 210 KB]

    Provisional adviser / not named in client agreement / no details of provisional adviser in agreement / / failure to confirm application filed and provide timely updates / provisional adviser supervised by adviser / provisional adviser went on leave / no response to PPI letter, so complainant’s visa declined / Code of Conduct 2014, cl1, cl18a, cl19c, cl26b / Immigration Advisers Licensing Act 2007, s422 / no breach of cl1 / failure to inform INZ provisional adviser on leave did not meet disciplinary threshold / supervisor responsible for non-response to PPI letter / no breach of cl18a / written agreement provided, but did not contain provisional adviser’s name or details / should have advised complainant about PPI letter and extension request / complaint upheld

  6. [2021] NZIACDT 10 - YC v Wan (19 May 2021) [PDF, 238 KB]

    Diligence / failure to ensure response to INZ letter / adviser supervising provisional adviser / provisional adviser not named in client agreement / complainant advised by provisional adviser, who went on leave pending INZ reply to extension request / complainant’s visa declined / failure to engage with complainant / failure to update complainant / complainant not told of PPI letter / failure to provide full copy of file when requested / Code of Conduct 2014, cl1, cl2a, cl2e, cl19a, cl19c, cl26b, cl26f / Immigration Advisers Licensing Act 2007, s422 / adviser not professional or diligent in following up & failed to respond to PPI letter / should have met with complainant and provided updates / complaint upheld

  7. [2021] NZIACDT 9 - SL v Mackintosh (5 May 2021) [PDF, 227 KB]

    Sanctions decision / negligence / dishonest or misleading behaviour / adviser concealed decline of visa application from complainant and the reason for the decline / also advised complainant could work on interim visitor visa / dishonesty continued overeight months / Immigration Advisers Licensing Act 2007, s50, s51 / first appearance before Tribunal / accepted wrongdoing, offered refund following complaint / adviser suffering from serious medical condition, does not excuse conduct but considered in mitigation / adviser censured & directed to undertake further training / adviser directed to refund fee and pay compensation of $1,000 / adviser ordered to pay $2,000 financial penalty

  8. [2021] NZIACDT 8 - KX v Ji (12 April 2021) [PDF, 140 KB]

    Sanctions revised / cancellation of licence / adviser sanctioned for dishonest & misleading behaviour / adviser directed to complete further training / advisor’s full licence suspended until training complete / adviser prevented from applying for provisional licence due to suspension / registrar suggested cancellation of adviser’s full licence to enable application for provisional licence / adviser consented / Immigration Advisers Licensing Act 2007, s292 / sanctions decision amended and adviser’s licence cancelled.

  9. [2021] NZIACDT 7 - IMH v Marica (22 March 2021) [PDF, 218 KB]

    Sanctions decision / negligence / dishonest or misleading conduct / adviser failed to file renewal application on time due to mistake in file records / complainant not informed of mistake or unlawful status / concealment of error deliberate & misleading / adviser failed to exercise due care & should have checked expiry date / Immigration Advisers Licensing Act 2007, s50, s51 / fundamental mark of a professional to be honest in communicating with client / failure to inform complainant of unlawful status a serious omission / second complaint against adviser / adviser cooperated with disciplinary process & acknowledged wrong doing / adviser’s health a mitigating factor / adviser’s income materially affected by  health & border closure / adviser censured & directed to undertake further training / adviser ordered to pay $1,500 financial penalty

  10. [2021] NZIACDT 6 - TB v Registrar of Immigration Advisers (22 March 2021) [PDF, 212 KB]

    Dishonest or misleading behaviour / appeal against Registrar rejecting complaint / residence visa under skilled migrant category / adviser advised appellant he had sufficient points based on him having a level 7 qualification when he only had level 6 / appellant alleged adviser took money knowing he was ineligible for visa / Immigration Advisers Licensing Act 2007, s442, s451 / no evidence of dishonesty / both parties incorrectly assumed qualification at level 7 & adviser proceeded on that basis / adviser lacked due care in considering level of qualification but complaint not justified / appellant should have known level of qualification & adviser made partial refund / appeal rejected.

  11. [2021] NZIACDT 5 - KG v Registrar of Immigration Advisers (22 March 2021) [PDF, 236 KB]

    Negligence / appeal against Registrar rejecting complaint / appellant aggrieved about adviser making various mistakes / adviser advised appellant he was eligible for residence based on recognition of industry experience & overseas qualification but recognition limited / Registrar deemed complaint trivial or inconsequential / adviser acknowledged mistakes, apologised & offered partial refund / Immigration Advisers Licensing Act 2007, s442, s451 / Code of Conduct 2014, cl1, cl4, cl24a / no evidence of wrong advice as to immigration criteria or processes / mistake a misunderstanding about requirements of vocational registration not immigration instructions / advice about vocational registration a shared responsibility / biographical & typographical mistakes not widespread & did not cause harm / refusal of refund a breach of Code but adviser eventually offered refund & apologised / appeal rejected.

  12. [2021] NZIACDT 4 - SL v Mackintosh (4 March 2021) [PDF, 271 KB]

    Negligence / dishonest or misleading behaviour / negligence / adviser concealed decline of visa application from complainant and the real reason for the decline / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl26b / adviser’s conduct dishonest and misleading / failure to provide updates and obtain instructions dishonest rather than negligent / gave false information about processing status of information / advice that complainant could work on interim visa negligent / complaint upheld.

  13. [2021] NZIACDT 3 - DY v Parker (25 February 2021) [PDF, 219 KB]

    Sanctions / rubber stamping / adviser assigned task of creating business plan to unlicensed accountant employee /  adviser exercised overall control of immigration process but excused himself wholly from client relationship / Immigration Advisers Licensing Act 2007, s50, s51 / serious breach & adviser previously appeared before Tribunal for similar breaches / conduct not characterised by wilful defiance of Code or disciplinary process / conduct occurred at about same time as previous complaints / adviser acknowledged misconduct and has set out to change firm’s practices / publication of disciplinary decisions not a punishment / no refund / no evidence of distress to complainant / adviser censured & ordered to pay $4,500 penalty.

  14. [2021] NZIACDT 2 - IMH v Marica (4 February 2021) [PDF, 288 KB]

    Negligence / dishonest or misleading conduct / renewal of visitor visa / adviser failed to file renewal application on time due to mistake in file records / complainant not informed of mistake or unlawful status / whether adviser deliberately or innocently overlooked telling complainant about mistake / whether adviser entitled to rely on file record without checking /  Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e / adviser had numerous opportunities to tell complainant about mistake / concealment of error deliberate & misleading / adviser should have checked expiry date as some records so critical they must be checked / adviser failed to conduct herself with due care & in a  timely manner / period to lodge s 61 discretionary visa request too long / adviser’s workload or personal circumstances did not reduce her responsibilities to complainant / complaint upheld.

  15. [2021] NZIACDT 1 - HQT v Singh (15 January 2021) [PDF, 194 KB]

    Sanctions / rubber stamping / adviser failed to engage with complainant or his partner & left it to his staff to communicate with them / adviser involved behind the scene but absented himself completely from client relationship concerning substantive immigration work / Immigration Advisers Licensing Act 2007, s50, s51 / complaint related to only one client / adviser made an effort to learn from experience & improve business practices / adviser’s first appearance before Tribunal / adviser censured & ordered to pay $1000 penalty.

  16. [2020] NZIACDT 54 - DY v Parker (21 December 2020) [PDF, 282 KB]

    Rubber stamping / permitting unlicensed employees to perform immigration work / adviser assigned task of creating business plan to unlicensed accountant employee / Code of Conduct 2014, cl1, cl2a, cl2e, cl3c, cl7a / Immigration Advisers Licensing Act 2007, s44 / acceptable for adviser to delegate writing task but not overall client relationship / advisers lack skills & experience to draft business plans but must still control immigration process / adviser sufficiently engaged with preparation of plan & exercised overall control but excused himself wholly from client relationship / complaint upheld.

  17. [2020] NZIACDT 53 - ZG v Parker (16 December 2020) [PDF, 217 KB]

    Sanctions / rubber stamping / adviser relied on unlicensed persons to communicate with complainant / adviser’s relationship to employer gave rise to actual conflict / Immigration Advisers Licensing Act 2007, s50, s51 / complaint serious but adviser did not completely abandon complainant to his staff / adviser should have declined to act as unable to provide objective advice /  conduct aggravated by earlier complaint upheld against him / adviser accepts complaint, fully cooperated with disciplinary process & made changes to his practice / adviser censured & ordered to pay $4,500 penalty & refund complainant’s $2,500 deposit.

  18. [2020] NZIACDT 52 - TBE v Proudman (4 December 2020) [PDF, 202 KB]

    Dishonest or misleading behaviour / adviser falsely claimed INZ’s decision had not been made & then fabricated reason for decline of visa / Immigration Advisers Licensing Act 2007, s50, s51 / honesty a critical quality of a professional / adviser untruthful to client on multiple occasions / adviser refused to engage with Tribunal & dismissive of disciplinary process / no evidence adviser has learned her lesson / prohibition of licence renewal warranted given dishonesty & lack of explanation / adviser censured & ordered to pay $3,500 penalty / renewal of licence prevented for two years.

  19. [2020] NZIACDT 51 - NMS v Mercardo (3 December 2020) [PDF, 261 KB]

    Sanctions / negligence / adviser negligently advised complainant she could undertake work for two companies on visa limited to one company / Immigration Advisers Licensing Act 2007, s50, s51 / adviser’s negligence has serious consequences for complainant / high degree of carelessness / isolated incident / no evidence of any wider lack of skill or knowledge / training & measures undertaken to reduce risk of repeat error / appeal to IPT arose directly from adviser’s wrongdoing so can claim compensation for legal fees / other legal fees not claimable as unrelated to complaint upheld / no compensation for air tickets when family deported because too remote to be attributable to adviser’s wrongdoing / adviser bears some responsibility for family’s distress / adviser censured & ordered to pay $2,000 penalty & $7,433.50 compensation to complainant.Sanctions / negligence / adviser negligently advised complainant she could undertake work for two companies on visa limited to one company / Immigr...

  20. [2020] NZIACDT 50 - KX v Ji (2 December 2020) [PDF, 225 KB]

    Dishonest or misleading behaviour / adviser failed to inform complainant visa was declined / adviser filed two requests for discretionary visas without complainant’s knowledge / Immigration Advisers Licensing Act 2007, s50, s51 / recent complaints about rubber stamping against adviser upheld / adviser actively deceived complainant / wrongdoing serious / wrongdoing only involved one client, did not involve financial gain & did not lead to any fraudulently obtained visa / not material that complainant was a friend of adviser / adviser acknowledged wrongdoing &  apologised / adviser censured & ordered to pay $4,000 penalty / adviser directed to complete training & full licence suspended until training complete.

  21. [2020] NZIACDT 49 - HQT v Singh (19 November 2020) [PDF, 309 KB]

    Rubber stamping / failure to personally engage with client & allowing unlicensed persons to perform immigration services / whether adviser personally undertook & controlled communication with complainant / complainant never met with adviser & only communicated with his staff / adviser involved behind the scene / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl3c / no evidence of carelessness or lack of due care / adviser did not delegate to staff work that could be regarded as immigration advice / adviser failed to personally engage with complainant / adviser absented himself completely from client relationship concerning substantive immigration work / complaint partially upheld.

  22. [2020] NZIACDT 48 - ED v Registrar (19 November 2020) [PDF, 242 KB]

    Rubber stamping / appeal against Registrar’s decision declining complaint / whether contemporary evidence showing direct communication between adviser & appellant before complaint made / appellant lodged complaint she had never received immigration advice from adviser & agreement did not mention adviser’s company received commission from an English language school / Registrar dismissed complaint on basis it disclosed trivial or inconsequential matter / Immigration Advisers Licensing Act 2007, s442, s451, s54  / Code of Conduct 2014, cl2e, cl 26c / no contemporary evidence of any communication between adviser & appellant before complaint raised / inadequate investigation as to use of unlicensed staff & undisclosed commission / appeal allowed.

  23. [2020] NZIACDT 47 - IK v Tian (3 November 2020) [PDF, 222 KB]

    Sanctions decision / negligence / numerous professional failures / adviser failed to provide complainant with written agreement, invoices, receipts / failed to confirm in writing applications lodged & make timely updates / failed to inform complainant student visa declined or consequences of decline despite numerous attempts by complainant to contact her / did not maintain a well-managed filing system / Immigration Advisers Licensing Act 2007, s50, s51 / third time complaint upheld against adviser by Tribunal / adviser appeared to have learned nothing from complaints & exhibited a pattern of unprofessional conduct / adviser continuously misled complainant about application / adviser did not fully participate in disciplinary process / no apology or remorse / censured & directed to complete further training / licence suspended until training successfully completed / ordered to pay penalty of $3,000.

  24. [2020] NZIACDT 46 - ZG v Parker (19 October 2020) [PDF, 357 KB]

    Rubber stamping / permitting unlicensed employees to perform immigration work / complainant dealt with adviser’s wife & unlicensed staff on immigration matters / conflict of interest / adviser a former director of complainant’s employer & still did work for it / employer controlled by  adviser’s father-in-law / Code of Conduct 2014, cl1, cl2a, cl2e, cl3c, cl7a / Immigration Advisers Licensing Act 2007, s44 / business structure not set up to rely on unlicensed persons / adviser met & personally communicated with complainant / adviser unprofessional in relying on unlicensed persons to communicate with complainant / adviser failed to personally obtain  instructions / adviser’s relationship to employer gave rise to actual conflict / adviser unable to provide objective advice & should have declined to act / disclosure of conflict & client’s consent does not absolve adviser from compliance with Code / complaint upheld.

  25. [2020] NZIACDT 45 - TTD v Zheng (14 October 2020) [PDF, 216 KB]

    Sanctions decision / dishonest or misleading behaviour / student visa / adviser filed with INZ letter from complainant’s employer to INZ falsely stating she had been granted leave to study in New Zealand & her position would be kept open / adviser did not know letter was false, but when falsity discovered by INZ adviser made untrue statement in explanatory letter to INZ / Immigration Advisers Licensing Act 2007, s50, s51 / Code of Conduct 2014, cl1, cl31 / adviser an unreliable & untruthful witness / no admission of wrongdoing or apology by adviser / Tribunal not satisfied adviser learned his lesson & protection of public requires removal from profession / adviser censured & ordered to pay $3,500 financial penalty / adviser prevented from applying for licence for six months.