• If you are looking for a specific decision with a forward slash in the title (eg, 123/2014), you will need to replace the forward slash with a space (eg, 123 2014), as the website cannot pick up on forward slashes (/) or any other characters.
  • If you are doing a keyword search (eg, sanction), please note that this search will only produce decisions where the keyword appears in the title or decision description. If you want to search the entire decision document for certain keywords, you will need to use full website search located in the top right hand corner of this page.
  • If you want to search for a specific section of the Immigration Advisers Licensing Act 2007 or clause of the Code of Conduct 2014, you must search it as one word with no spaces or brackets. For example, if searching for section 44(2)(a) of the Act, you should enter ‘s442a’ into the keyword search and if searching for clause 19(k) of the Code of Conduct, you should enter ‘cl19k’.

If you want to search for a decision from a particular jurisdiction using the full website search, put both the jurisdiction name and the keyword in the search field (eg, Immigration Advisors Complaints and Disciplinary Tribunal sanction).

Search results

629 items matching your search terms

  1. [2020] NZIACDT 37 - TTD v Zheng (7 September 2020) [PDF, 282 KB]

    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 and her position would be kept open / whether adviser knew complainant had already resigned at time of filing letter with INZ / whether adviser’s explanation to INZ honest / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl31 / adviser’s conduct in guiding complainant to compile letter suspicious but no evidence refuting he did not know complainant had resigned before sending letter / false explanation given by adviser to INZ / professional person need not resign on knowing evidence filed false, but expected to help check by providing honest explanation to INZ / adviser should have terminated instructions instead of  sending letter with false statement / complaint upheld.

  2. [2020] NZIACDT 35 - NZQA (Seavor-Cross) v Jin (7 August 2020) [PDF, 197 KB]

    Dishonest or misleading behaviour / fabrication of academic transcript / essential skills work visa / adviser created course content document inserting school’s logo & a footer in order to speed up client’s application / document designed to look authentic & filed with NZQA / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl31a / form not its contents false / adviser’s conduct dishonest & misleading / adviser not motivated by personal gain but no defence / complaint upheld.Dishonest or misleading behaviour / fabrication of academic transcript / essential skills work visa / adviser created course content document inserting school’s logo & a footer in order to speed up client’s application / document designed to look authentic & filed with NZQA / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl31a / form not its contents false / adviser’s conduct dishonest & misleading / adviser not motivated by personal gain but no defence / compl...

  3. [2020] NZIACDT 36 Y(O)R v Tian (7 August 2020) [PDF, 201 KB]

    Sanctions decision / negligence / numerous professional failures regarding multiple visa applications / failure to disclose in writing conflict of interest / failure to provide invoices or written client agreements to complainant / failure to confirm in writing applications lodged / failure to maintain well-managed filing system / Immigration Advisers Licensing Act 2007, s50, s51 / conduct a continuation of adviser’s poor professional engagement & record keeping / overwork did not mitigate wrongdoing / serious breach of code not to have written agreement & keep client updated / adviser appeared not to have learned from previous complaint / adviser censured, directed to enrol in professional practice course & ordered to pay $3,500 penalty.

  4. [2020] NZIACDT 34 ZT v Li (20 July 2020) [PDF, 340 KB]

    Negligence / dishonest or misleading behaviour / residence under investment category / complainant did not invest funds by deadline / adviser overlooked deadline & failed to remind complainant of it / alleged adviser falsely claimed she was unaware complainant had to complete both transfer & investent by deadline / whether sufficient evidence to establish adviser’s conduct dishonest or misleading  / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / proof of dishonesty requires cogent evidence / evidence ambiguous, inconsistent & unreliable / evidence did not unequivocally establish whether adviser knew deadline requirements / adviser negligent in missing delaine & failing to advise complainant need to invest / negligence complaint upheld.

  5. [2020] NZIACDT 30 - DMX v Guich (20 July 2020) [PDF, 113 KB]

    Sanctions decision / negligence / unsuccessful residence visa application / adviser miscalculated appeal period & appeal dismissed for being out of time / mistake amounted to failure to exercise due diligence & care / Immigration Advisers Licensing Act 2007, s50, s51 / failure to obtain residence had significant effect on complainant / adviser showed no remorse & does not seem to have learned from experience / adviser attacked complainant, Authority & Tribunal /adviser’s attitude to disciplinary process aggravated misconduct / isolated incident but mistake not merely an excusable human error / adviser cautioned, ordered pay financial penalty of $1,000 & refund of residence application fee of $1,600.

  6. [2020] NZIACDT 31 TOD v Registrar of Immigration Advisers (20 July 2020) [PDF, 318 KB]

    Negligence / appeal against decision of Registrar rejecting negligence complaint / work visa / INZ requested further information / adviser failed to provide information by due date due to a clerical error / work visa declined & appellant became unlawful in New Zealand / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / adviser accepted responsibility for mistake, offered two remedial options & refunded fees / breach of cl 1 but adviser’s professional response meant complaint did not meet disciplinary threshold/ appeal rejected.

  7. [2020] NZIACDT 29 - Immigration New Zealand (Carley) v Penty (6 July 2020) [PDF, 119 KB]

    Sanctions decision / rubber stamping / adviser took over arrangement with offshore company to provide immigration services to Filipino workers / system encouraged clients to deal with unlicensed persons / adviser failed to engage with clients / work carried out by staff amounted to immigration advice / previous complaint upheld regarding same arrangement / lack of written agreement with client / Immigration Advisers Licensing Act 2007, s50, s51 / rubber stamping a serious professional violation / adviser’s conduct not deliberate / adviser misunderstood scope of clerical work / adviser failed to engage with clients even after complaint had been made / misconduct continued after warning from INZ / adviser no longer licensed / financial penalties involve punishment but also deterrence / misconduct serious & systemic / adviser censured & ordered to pay $5000 penalty.

  8. [2020] NZIACDT 28 - XA v Hill (29 June 2020) [PDF, 208 KB]

    Sanctions decision / rubber stamping / failure to have written agreement / adviser did not personally engage with complainant / adviser failed to exercise due diligence & care / incorrect information provided to INZ as to complainant’s work experience / almost $65,000 claimed in compensation / Immigration Advisers Licensing Act 2007, s50, s51 / no remorse, no apology & no apparent learning from wrongdoing by adviser / offloading client engagement to unlicensed person a serious breach / adviser a completely silent partner in relationship / filing incorrect information without checking it led to INZ’s adverse finding / adviser not to blame for INZ’s unjustified character finding / multiple breaches of Code / not the most serious form of rubber stamping / losses claimed did not arise from adviser’s professional violations / complainant suffered distress / adviser directed to complete further training / adviser censured & ordered to pay 2,500 financial penalty & $2,000 in emotional compens...

  9. [2020] NZIACDT 27 - QM v Ng (24 June 2020) [PDF, 109 KB]

    Sanctions decision / rubber stamping / failure to enter into written agreement / adviser gave complainant’s application to unlicensed person to file with INZ /application not filed / failure to personally file application breached obligation to be professional, diligent & exercise due care / Immigration Advisers Licensing Act 2007, s50, s51 / adviser abandoned complainant & application to unlicensed person which amounted to serious misconduct / adviser committed multiple errors / adviser’s first appearance before Tribunal / adviser admitted wrongdoing & refunded fees charged to complainant / adviser ordered to complete training & prevented from reapplying for licence until this is completed / adviser censured & ordered to pay $2,000 penalty

  10. [2020] NZIACDT 26 - UO v Nukulasi (23 June 2020) [PDF, 102 KB]

    Sanctions decision / negligence / adviser did not make discretionary visa application until one year after being instructed / complainant in New Zealand unlawfully / no justifiable reason for delay / adviser did not advise complainant in writing that application had little chance of success / conduct neither professional, diligent or timely / Immigration Advisers Licensing Act 2007, s50, s51 / delay extraordinary & inexplicable / time of the essence given complainant’s unlawful status / adviser’s first appearance before Tribunal / adviser admitted wrongdoing / no evidence of actual prejudice to complainant / adviser cautioned & ordered to pay $1000 refund of fees to complainant

  11. [2020] NZIACDT 25 - RV v Aiolupotea (12 June 2020) [PDF, 164 KB]

    Negligence / dishonest or misleading conduct / failure to correctly advise client of eligibility for citizenship & provide proper documentation / adviser undertook to seek visitor visa and citizenship for complainant / no work done towards citizenship application & no documents on file despite charging fee / visitor visa declined / complainant not informed visa declined or that he was ineligible for citizenship / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl19, cl26, cl27 / adviser’s unexplained lack of proper file documentation, failure to advise complainant of eligibility & acceptance of fee dishonest / adviser failed to produce full file, provide full description of services & confirm oral advice in writing / adviser negligently failed to return family’s original documents to complainant / failure to respond to INZ’s letter of concern & inform complainant visa declined unprofessional / complaint upheld.

  12. [2020] NZIACDT 24 - BV v Aiolupotea (12 June 2020) [PDF, 117 KB]

    Negligence / dishonest or misleading conduct / failure to correctly advise client of eligibility for citizenship & provide proper documentation / adviser undertook to seek visitor visa and citizenship for complainant / no work done towards citizenship application & no documents on file despite charging fee / visitor visa declined / complainant not informed visa declined or that he was ineligible for citizenship / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl19, cl26, cl27 / adviser’s unexplained lack of proper file documentation, failure to advise complainant of eligibility & acceptance of fee dishonest / adviser failed to produce full file, provide full description of services & confirm oral advice in writing / adviser negligently failed to return family’s original documents to complainant / complaint upheld.

  13. [2020] NZIACDT 23 - Y(O)R v Tian (8 June 2020) [PDF, 135 KB]

    Negligence / numerous professional failures regarding multiple visa applications / failure to keep proper record of communications / failure to disclose conflict of interest / adviser did not inform complainant visas were declined / adviser continued to seek further documents after application declined / adviser received commissions from complainant’s son’s schools / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl5, cl6, cl9, cl18, cl22, cl26 / adviser required to disclose conflict of interest in writing & obtain written consent from complainant / application unsuccessful but not hopeless / failure to have written agreement a serious breach / adviser required to send an invoice & keep proper records / adviser misled complainant by continuing to seek further documents / failure to advise outcome could have serious consequences for client / advisor’s professional obligations not reduced due to personal relationship with client / complaint upheld.

  14. [2020] NZIACDT 22 - NJUM v VOLE (2 June 2020) [PDF, 137 KB]

    Dishonest or misleading conduct / lack of diligence & due care / complainant married husband twice, once in Samoa & again in New Zealand / adviser advised complainant to conceal Samoan marriage in application / adviser as JP certified police certificate before sighting it, then presented to INZ / adviser filed applications without necessary documents / Immigration Advisers Licensing Act 2007, s50, s51 / concealing marriage serious misconduct but not most egregious seen by tribunal / marriage genuine / no exploitation of vulnerable client / adviser perpetuating lies previously told by clients / adviser not driven by personal gain / certifying document of lesser gravity / document genuine / obligations concerning documents & file management not minor / adviser’s rehabilitation & personal circumstances favoured temporary removal / adviser censured, directed to take refresher course & suspended for 6 months / adviser ordered to pay $2,500 penalty & $7,465 refund of fees to complainant.

  15. [2020] NZIACDT 21 - Immigration New Zealand (Carley) v Penty (18 May 2020) [PDF, 169 KB]

    Rubber stamping / allowing unlicensed persons to provide immigration advice / adviser took over arrangement with offshore company to provide immigration services to Filipino workers / clients entered agreement with company which adviser did not sign / staff prepared, reviewed & compiled applications / staff assisted clients with applications & clients’ communications with staff not adviser / adviser had no contact with clients but for one initial Skype interview / previous complaint upheld regarding same arrangement / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl3c, cl18c / adviser operating system which encouraged clients to deal with unlicensed persons / adviser failed to engage with clients / not enough for adviser to inform clients about role & obligations, adviser must actually fulfil them / work carried out by staff amounted to immigration advice / adviser did not sign agreements & template agreements did not comply with code / complaint upheld.

  16. [2020] NZIACDT 20 - QM v Ng (14 May 2020) [PDF, 163 KB]

    Rubber stamping / negligence / failure to have written agreement & complete file / residence application / adviser contractor for migration company operated by unlicensed person / adviser gave complainant’s file to unlicensed person to file with INZ / unlicensed person did not file application / adviser advised complainant application had been filed when it had not / Immigration Advisers Licensing Act 2007, s 442 / Code of Conduct 2014, cl1, cl2e, cl3c / cl18a / cl26 / cl28c / adviser’s responsibility to explain role & professional obligations to complainant compared to limited role of unlicensed person / failure to personally file application breached obligation to be professional, diligent & exercise due care / adviser failed to carry out complainant’s instructions / filing application not ‘clerical work’ / unlawful delegation intended by adviser but did not occur so no breach of cl3c / adviser’s professional obligation to complainant not company / complaint upheld.

  17. [2020] NZIACDT 18 - UO v Nukulasi [PDF, 92 KB]

    Negligence / discretionary visa application under s61 / complainant in New Zealand unlawfully / complainant tried numerous times to contact adviser for update on application but received no reply / complainant did not provide necessary documents / adviser did not make application until one year after being instructed / adviser sent application to Minister instead of INZ / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl9 / adviser made no real effort to remind complainant to produce documents / complainant at risk of being deported & delay risked prejudicing any chance of him succeeding with application / no justifiable reason for delay / conduct neither professional, diligent or timely / sending request to Minister not negligent or unprofessional / delegation not exclusive / request had little chance of success & adviser should have advised complainant of this in writing / complaint upheld.

  18. [2020] NZIACDT 19 - DMX v Guich (11 May 2020) [PDF, 112 KB]

    Negligence / unsuccessful residence visa application / adviser miscalculated appeal period & appeal dismissed for being out of time based on out of date IPT guide / complainant arranged meeting with Citizens Advice Bureau & requested file / adviser provided key documents / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl26f / whether mistake could be made by competent, reasonable, prudent & diligent practitioner / mistake amounted to failure to exercise due diligence & care / isolated incident can still amount to a breach / reasonable for adviser to only provide key documents rather than full file given situation / carelessness or negligence not minor / prudent adviser would not have relied on hard copy IPT guide / correct period set out in INZ decision letter / prudent adviser would have consulted IPT website / complaint upheld.

  19. [2020] NZIACDT 16 - NL v Joseph - Sanctions (12 March 2020) [PDF, 99 KB]

    Sanctions decision / lodging of falsely signed documents / work visa based on job offer from business in which adviser had an interest / adviser instructed staff member to sign employment documents in name of business owner / documents falsely represented to complainant & INZ as being signed by owner / adviser also failed to have client agreement & keep a proper file / work visa declined as employment agreement not valid / Immigration Advisers Licensing Act 2007, s50, s51 / documents false but job genuine / not adviser’s first appearance before tribunal / previous misconduct occurred around same time & adviser instructed to take refresher course / adviser claimed to have learnt his lesson / suspension sanction of last resort / adviser misled clients & lax about properly documenting relationship / public not in need of protecting from adviser / adviser censured & ordered to pay $5000 penalty.

  20. [2020] NZIACDT 17 - XA v Hill (10 March 2020) [PDF, 304 KB]

    Rubber stamping / facilitating immigration advice by unlicensed person / application for residence / complainant had no contact with adviser & exchanged messages with her unlicensed partner / adviser claimed she dictated messages to partner & he was merely performing clerical work / credibility issues / incorrect information provided to INZ as to complainant’s work experience / Immigration Advisers Licensing Act 2007, s 442 / Code of Conduct 2014, cl1, cl2e, cl3c, cl18c / adviser did not personally engage with complainant / adviser absent from written communications & meetings / complainant unaware adviser real author of messages & led to believe adviser’s partner responsible for application, not adviser / insufficient evidence partner gave advice / adviser engaged with application & was real author / adviser’s responsibility to check application correct / adviser failed to exercise due diligence & care / adviser failed to have written client agreement / complaint upheld.

  21. [2020] NZIACDT 15 - KBN v Wharekura - Sanctions (10 March 2020) [PDF, 129 KB]

    Sanctions decision / dishonest & misleading behaviour / adviser’s licence suspended / adviser initially suggested seeking special direction / adviser provided falsified emails from Associate Minister’s office / adviser believed special direction would not be successful & never made request / Immigration Advisers Licensing Act 2007, s50, s51 / misconduct serious but an isolated incident / no systemic dishonesty / adviser did not benefit from fraud / no prejudice to complainant as likelihood of success negligible / adviser immediately admitted wrongdoing, made an early apology & advised complainant of complaint process / adviser refunded fee & reimbursed legal expenses / cancellation sanction of last resort / no risk to public of repeat of misconduct / dishonesty at lower end of spectrum / adviser censured, suspended for 9 months & ordered to pay $6,500 penalty.

  22. [2020] NZIACDT 12 - TSO v Essina (27 February 2020) - Sanctions [PDF, 154 KB]

    Sanctions decision / dishonest or misleading conduct / acting unprofessionally / adviser withheld complainant’s NZQA assessment from INZ / adviser misrepresented to complainant why earlier visitor visa declined / adviser offered refund money for withdrawal of complaint / Immigration Advisers Licensing Act 2007, s50, s51 / adviser’s conduct dishonest / adviser deliberately deceived INZ & client / limited acknowledgement of wrongdoing / dishonesty not of worst kind / compensation claimed / not shown decline of visa arose from adviser’s wrongdoing / adviser censured / adviser’s first appearance before Tribunal / adviser prevented from renewing licence for 1 year / adviser ordered to pay $4000 penalty & $1298 for refund of fees.

  23. [2020] NZIACDT 14 - Singh v Ryan - Sanctions (27 February 2020) [PDF, 123 KB]

    Sanctions decision / providing false & misleading information / adviser ran scam supplying fake job offers to clients from paper companies he controlled / complainant knowingly received fake job offer & granted work visa on that basis / complainant claims refund of fees & compensation for leaving NZ / Immigration Advisers Licensing Act 2007, s50, s51 / adviser’s misconduct most serious warranting severest level of sanctions / adviser main perpetrator of scheme / conduct sustained, deliberate & brought regime into disrepute / adviser driven by greed, admitted no wrongdoing & showed no remorse / fraud not an isolated incident / compensation figures inaccurate, inconsistent & not supported by documentary evidence / complainant willing party to adviser’s fraud & not entitled to compensation / neither adviser nor client should benefit from fraud / adviser censured / adviser prevented from reapplying for licence for 2 years / adviser ordered to pay $10,000 penalty & $4,535 refund of fees.

  24. [2020] NZIACDT 13 - Registrar v Ryan - Sanctions (27 February 2020) [PDF, 108 KB]

    Sanctions decision / providing false and misleading information to INZ / adviser ran a scam where he supplied clients with fake job offers from paper companies he controlled / Immigration Advisers Licensing Act 2007, s50, s51 / adviser’s misconduct most serious / adviser principal perpetrator of fraudulent scheme / conduct sustained and deliberate & brought regime into disrepute / adviser motivated by greed, admitted no wrongdoing & showed no remorse / fraud not an isolated incident / severest level of sanctions warranted to denounce conduct, deter similar conduct & protect public / adviser censured / adviser prevented from reapplying for licence for 2 years / adviser ordered to pay $10,000 penalty & $5,000 in costs & expenses.

  25. TI(G)M v Hanning [2020] NZIACDT 11 (21 February 2020) Sanctions [PDF, 127 KB]

    Sanctions decision / failure to enter updated client agreement when new visa category instructed / lack of due diligence or care / failure to identify missing provision in client’s employment contract / visa declined / complainant sought refund of fees & compensation for lost income / Immigration Advisers Licensing Act 2007, s50, s51 / obligation to have client agreement important / high degree of carelessness or negligence / adviser’s first appearance before Tribunal / adviser acknowledged & corrected failings / significant compensation claims for general courts to decide / Tribunal can award modest sums / not shown application would have necessarily been successful if not for adviser’s lack of care / inappropriate for adviser to pay later fees or award full sum of compensation / reasonable to award some compensation for lost income as complainant could have obtained work visa earlier / adviser cautioned /adviser ordered to pay $1000 penalty & $7555 for refund of fees & compensation.