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  • 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’.

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657 items matching your search terms

  1. [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

  2. [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.

  3. [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

  4. [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.

  5. [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.

  6. [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.

  7. [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.

  8. [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.

  9. [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.

  10. [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.

  11. [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.

  12. [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.

  13. [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...

  14. [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.

  15. [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.

  16. [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.

  17. [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.

  18. [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.

  19. [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.

  20. [2020] NZIACDT 44 - Registrar v Yoon (8 October 2020) [PDF, 259 KB]

    Rubber stamping / permitting unlicensed advocate to perform services of licensed adviser / adviser independent contractor to advocate & represented one of advocate’s clients / advocate sent correspondence to Ministers on client’s behalf / whether advocate’s correspondence with Ministers amounted to immigration advice / Immigration Advisers Licensing Act 2007, s7, s442 / Code of Conduct 2014, cl1, cl2e, cl3c / essential element is whether advocate using knowledge & experience in immigration in communications with Ministers / mere fact advocate communicating with Ministers not of itself use of knowledge & experience / complete absence of knowledge of immigration law in advocate’s communications / complaint a warning to adviser to ensure he has sole responsibility for advice, deals directly with client & has written client agreement / complaint dismissed.

  21. [2020] NZIACDT 43 - KX v Ji (5 October 2020) [PDF, 229 KB]

    Dishonest or misleading behaviour / work visa / adviser failed to inform complainant visa was declined / adviser filed two requests for discretionary visas / adviser failed to inform complainant requests were made & declined / when complainant asked for an update adviser either did not respond or told her INZ had not made a decision / whether adviser has been dishonest / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl26b / adviser’s communications with complainant dishonest & explanations fictitious / no evidence adviser had contacted INZ / adviser concealed decline & filing of discretionary requests / complainant not informed of what happened until 17 months after application declined / adviser failed to take instructions or update complainant / complaint upheld.

  22. [2020] NZIACDT 42 - NMS v Mercado (1 October 2020) [PDF, 270 KB]

    Negligence / residence under skilled migrant category / complainant a manager at one company and a personal assistant (PA) at another company / adviser advised arrangement acceptable provided there was an outsourcing agreement / work visa sought & granted limited to PA role so residence declined / whether adviser negligent in advising complainant she could undertake work for two companies on visa limited to one company / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / adviser should have known outsourcing agreement not acceptable / no reasonable basis for adviser to believe complainant just doing PA work /  a professional adviser would not have advised arrangement would meet visa condition / high degree of carelessness & serious consequences for complainant / disciplinary threshold met / complaint upheld.

  23. [2020] NZIACDT 41 - TBE v Proudman (30 September 2020) [PDF, 243 KB]

    Diligence / dishonest or misleading behaviour / student visa / whether adviser diligent in advising as to eligibility / failure to advise of decline in timely manner / whether adviser knew visa declined at time of decision & deliberately withheld it from complainant / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / advice as to eligibility not diligent / adviser dishonestly gave false reason for decline / adviser deceived complainant by pretending there was no decision / failure to update complainant on progress & notify him of decline in timely manner deliberate & dishonest / implausible adviser did not check progress or make inquiry of INZ / adviser did not engage with Tribunal / complaint upheld.

  24. [2020] NZIACDT 39 - IK v Tian (23 September 2020) [PDF, 213 KB]

    Negligence / numerous professional failures / student visa application declined due to insufficient funds / adviser failed to inform complainant of outcome of application or its consequences despite numerous attempts by complainant to contact her / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl5, cl18, cl22, cl23, cl26,  / adviser failed to enter into separate written client agreement with complainant & did not issue any invoices or receipts for payments made by complainant / adviser failed to keep a record of communications with the complainant or advice & did not advise complainant of outcome of applications or his unlawful status / complaint upheld.