• 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

588 items matching your search terms

  1. Singh v Ryan - [2019] NZIACDT 76 (8 November 2019) [PDF, 293 KB]

    Providing false and misleading information to INZ and Authority / alleged adviser created false job for client to obtain residence and work visas / adviser accused of operating a paper company in IT industry which had no real employees or work / adviser also accused of falsely claiming a connection with a real IT company in UK / adviser denied allegations but offered no explanation or evidence in answer to them / Code of Conduct 2014, cl3c / Immigration Advisers Licensing Act 2007, s442 / adviser knowingly provided false information and evidence to INZ / adviser’s communications with INZ deceptive / adviser also provided false information to the Authority / complaint upheld.

  2. Registrar of IAA v Ryan - [2019] NZIACDT 75 (7 November 2019) [PDF, 361 KB]

    Providing false and misleading information to INZ and Authority / Authority initiated an investigation of adviser as a result of media articles about him / alleged adviser ran a scam where he supplied immigration officers with fake job offers in relation to 17 visa applications / adviser accused of operating a paper company in IT industry which had no real employees or work / adviser also accused of falsely claiming a connection with a real IT company in UK / adviser denied allegations but offered no explanation or evidence in answer to them / Code of Conduct 2014, cl3c / Immigration Advisers Licensing Act 2007, s442 / adviser knowingly provided false information and evidence to INZ / adviser’s communications with INZ deceptive / adviser also provided false information to the Authority / complaint upheld.

  3. KXBK v GVH [2019] NZIACDT 74 (1 November 2019) [PDF, 195 KB]

    Failure to exercise due diligence and care / negligence / unprofessional conduct / failure to confirm client’s visa history / client advised that he was always on essential skills visa when he was not / client did not hold essential skills work visa for required period / adviser told client that he did not comply with requirements / visa declined and client requested a refund / adviser offered refund if client withdrew complaint /Code of Conduct 2014, cl1 / Immigration Advisers Licensing Act 2007, s442 / adviser should have checked client’s visa history and not relied on client for information about immigration status / linking of refund to withdrawal of complaint unprofessional /client’s evidence unreliable / adviser’s mistakes did not cross disciplinary threshold / client used complaint process as leverage for refund / refund already achieved / complaint dismissed.

  4. INZ (Calder) v Chiv [2019] NZIACDT 73 (21 October 2019) [PDF, 240 KB]

    Rubber stamping / delegating work to unlicensed advisers / failure to exercise proper care / breach of client confidentiality / adviser both immigration adviser & employer / failure to provide valid medical or police certificates / adviser filed applications online without giving clients opportunity to review information / bulk of communications with clients by staff or unlicensed people / staff communicated with clients en masse / Code of Conduct 2014, cl1, cl2e, cl3c, cl4a, cl26c, cl26e / Immigration Advisers Licensing Act 2007, s7, s442 / adviser failed to exercise diligence & due care / obtaining valid medical & police certificates within adviser’s control / adviser must provide accurate information / giving clients an opportunity to check draft application a necessary step / information provided by staff clerical work / minimal personal engagement / delegation of communications to unlicensed people systemic / group emails breached client confidentiality / complaint upheld.

  5. INZ (Gilray) v Croxson [2019] NZIACDT 72 (18 October 2019) [PDF, 142 KB]

    Rubber stamping / allowing unlicensed people to manage visa application process and unlawfully delegating personal obligations to them / failure to provide clients with written agreement / adviser engaged by offshore immigration consultancy which had been engaged by recruiting agency in another country / adviser’s fee paid by consultancy / adviser had no direct communication with clients / agreement signed by consultancy not clients / all clients’ dealings with unlicensed people / adviser mistakenly believed consultancy was his client / Code of Conduct 2014, cl1, cl2e, cl3c, cl17, cl18 / Immigration Advisers Licensing Act 2007, s442 / adviser had no contact with clients whatsoever & left  them to deal with unlicensed people whom he did not know / adviser admitted failure to engage with clients and having no written agreement / adviser did engage with file / quality of work not substandard & did not lack care /  complaint upheld.

  6. NT v Parker [2019] NZIACDT 71 (16 October 2019) Sanctions [PDF, 186 KB]

    Sanctions decision / failure to personally take responsibility for client engagement / filing expression of interest (EOI) for residence in skilled migrant category with little chance of success / EOI claimed incorrect number of points / INZ wrongly made adverse character finding / bulk of communications with unlicensed employee / letter of concern received from INZ not sent to client / Code of Conduct 2014, cl1, cl2e, cl9a, cl 9b / Immigration Advisers Licensing Act 2007, s50 & s51 / failure to engage directly with client serious but not at upper end / adviser had some contact with client & took personal responsibility for application / adviser not responsible for error by INZ / no compensation for expenses not arising from adviser’s wrongdoing / mental damages not a penalty in every case and declined / adviser censured & ordered to pay penalty of $2,500 & compensation of $3,000.

  7. INZ (Greathead) v Ortiz [2019] NZIACDT 69 (7 October 2019) Sanctions [PDF, 107 KB]

    Sanctions decision / failure to establish professional relationship with client / providing false information to INZ / dishonest & misleading conduct / adviser’s licence suspended / criminal convictions for exploiting unlawful employee / client had work visa for farm work but instead worked as a hairdresser at adviser’s salon / client not paid for work / adviser told INZ client was a volunteer & asked client to write a letter to INZ to that effect / INZ did not give permission for client to work at salon / Code of Conduct 2014, cl1, cl3c, cl18a, cl26b / Immigration Advisers Licensing Act 2007, s50, s51 / providing false information most serious complaint / adviser already punished by Court for criminal convictions / gravity of complaint warranted adviser being censured / not necessary to consider cancellation as adviser prohibited from holding licence due to convictions / adviser had low income and two children / adviser censured & ordered to pay penalty of $3,500.

  8. FBN v Broadway [2019] NZIACDT 70 (7 October 2019) [PDF, 136 KB]

    Breach of professional obligations and Immigration Advisers Licensing Act 2007 / dishonest or misleading conduct / renewal of work visa / adviser entered services agreement with employer not client / adviser misunderstood who client was / client’s file selected for review by Immigration Advisers Authority / adviser tried to get client to sign agreement but client did not do so / adviser inserted client’s undated signature onto client agreement and then signed agreement herself / adviser backdated own signature / Code of Conduct 2014, cl18a / Immigration Advisers Licensing Act 2007, s442 / adviser failed to enter written agreement with client / no defence that adviser misunderstood who client was / not dishonest or misleading to obtain signature after services performed but presentation of agreement to Authority was dishonest or misleading / complaint upheld.

  9. INZ (Calder) v Ji [2019] NZIACDT 68 (1 October 2019) Sanctions [PDF, 119 KB]

    Sanctions decision / rubber stamping / breach of professional obligations / permitting unlicensed staff to provide services of a licensed adviser / providing false documentation to INZ / adviser an employee of a company which contracted partner company to communicate with clients and obtain documents / adviser had no direct contact with clients / company filed false information without adviser’s knowledge / Code of Conduct 2014, cl1, cl2e, cl3c / Immigration Advisers Licensing Act 2007, s50 and s51 / adviser’s conduct amounted to serious misconduct / not an isolated incident / rubber stamping at upper end of spectrum / business structure  adviser operated under allowed clients to produce false documents to INZ / adviser admitted misconduct, educated himself about rubber stamping and assisted Authority with investigation / adviser censured and ordered to pay penalty of $7,000.

  10. XN v Ji [2019] NZIACDT 67 (1 October 2019) Sanctions [PDF, 186 KB]

    Sanctions decision / rubber stamping / breach of professional obligations / allowing unlicensed individuals to provide services of licensed adviser / adviser employed by company which contracted partner company to communicate with clients / adviser did not engage with client / client’s communications with unlicensed employees / residence application declined / company delayed sending decline letter / date of decline letter altered / appeal out of time / client claimed compensation for wasted fees / Code of Conduct 2014, cl1, cl2e, cl3c / Immigration Advisers Licensing Act 2007, s50 & s51 / serious misconduct / rubber stamping at upper end of spectrum / adviser admitted misconduct & steps taken to avoid repeat of misconduct / award of compensation declined / client responsible for outcome of application not adviser / loss of opportunity to appeal not material to outcome / adviser censured & ordered to pay penalty of $3,000.

  11. KBN v Wharekura [2019] NZIACDT 66 (26 September 2019) Notice of Suspension of Licence [PDF, 101 KB]

    Suspension / notice of suspension of licence / dishonest or misleading behaviour / adviser admitted falsifying emails showing he had made a special direction request when he had not / Immigration Advisers Licensing Act 2007, s45, s53 / strong evidence of serious misconduct amounting to dishonest and misleading behaviour / necessary to suspend licence in interests of public and to protect reputation of profession / public confidence in profession and immigration system required suspension / licence suspended until Tribunal determines complaint.

  12. NTT v Gong [2019] NZIACDT 65 (12 September 2019) Sanctions [PDF, 113 KB]

    Sanctions decision / failure to properly document professional relationship / adviser knew complainant socially / no written agreement for immigration services / communications not formalised / Code of Conduct 2014, cl18a, cl22, cl25c, cl26a, cl26b, cl26c, cl26e / Immigration Advisers Licensing Act 2007, s50 and s51 / violations arose from one critical mistake – adviser failed to establish professional relationship with someone known socially / failure to put in place proper documentation / proper documentation cannot be dismissed as merely clerical or insignificant / adviser admitted wrongdoing and reviewed her practices / adviser understood her obligations / adviser cautioned and ordered to pay penalty of $1,000.

  13. TT v KEN [2019] NZIACDT 64 (11 September 2019) [PDF, 134 KB]

    Rubber stamping / breach of professional obligations & Immigration Advisers Licensing Act 2007 / failure to engage with client / allowing unlicensed staff to provide immigration services / adviser a contractor for overseas company / agreement with company whereby new clients would be referred to adviser / complainant had no contact with adviser / unlicensed staff met and advised complainant / complainant unsuccessful in obtaining job and sought refund of fees / adviser not aware of complainant until approached for refund / Code of Conduct 2014, cl1, cl2e, cl3c, cl24b, & cl24c / Immigration Advisers Licensing Act 2007, s442 / adviser cannot be responsible for conduct of complainant’s application if he did not know about it / refund not made promptly but complainant never adviser’s client /complaint dismissed.

  14. Registrar of Immigration Advisers v Ho [2019] NZIACDT 63 (6 September 2019) Sanctions [PDF, 113 KB]

    Sanctions decision / rubber stamping / failure to personally engage with client / adviser dealt with client through overseas consultancy / client dealt with employees of consultancy / adviser had no direct contact with client and permitted unlicensed people to provide immigration services / Code of Conduct 2014, cl1, cl2e, cl3c / Immigration Advisers Licensing Act 2007, s50 and s51 / degree of rubber stamping extreme / adviser prevented from reapplying for licence for two years and until she completes professional training / adviser censured and ordered to pay penalty of $3,500.

  15. NT v Parker [2019] NZIACDT 62 (4 September 2019) [PDF, 289 KB]

    Breach of professional obligations & Immigration Advisers Licensing Act 2007 / providing false and misleading information / expression of interest (EOI) for residence in skilled migrant category / EOI claimed incorrect number of points / complainant not eligible to claim points for skilled employment of 12 months or more / INZ provided with all relevant information / most of client engagement with unlicensed employees / delay in sending letter of concern to complainant / Immigration instructions, SM3.5 / Code of Conduct 2014, cl1, cl2e, cl3c, cl9a & cl9b / Immigration Advisers Licensing Act 2007, s44 / impermissible delegation of client engagement / failure to advise client in writing that application had little chance of success / failure to provide letter of concern to complainant / information provided not false or misleading as underlying information accurate / no intention to deceive / complaint upheld.

  16. INZ (Gilray) v Singh [2019] NZIACDT 61 (3 September 2019) Sanctions [PDF, 160 KB]

    Sanctions decision / rubber stamping / delegation of client engagement to an unlicensed person / adviser dealt with clients through overseas consultancy / adviser had no direct engagement with clients and allowed unlicensed person to provide immigration advice / adviser treated employer as main client / Code of Conduct 2014, cl1, cl2e, cl3c, cl26b / Immigration Advisers Licensing Act 2007, s50 and s51 / professional violations serious / conduct an isolated incident - arose from one set of instructions and one critical mistake / adviser accepted misconduct and need for engagement / misconduct not deliberate or dishonest/ breaches arose from adviser’s misunderstanding as to who real clients were / adviser censured and ordered to pay penalty of $3000.

  17. INZ (Foley) v Rodriguez [2019] NZIACDT 60 (30 August 2019) Sanctions [PDF, 115 KB]

    Sanctions decision / failure to exercise due care / adviser recommended candidate to employer with little welding experience for a position that required welding experience / adviser confused as to distinction between welder and fabricator / candidate’s employment terminated upon discovery he did not have required welding skills / adviser apologised and took full responsibility for error / adviser refunded candidate’s fees and paid for travel costs / Code of Conduct 2014, cl1 / Immigration Advisers Licensing Act 2007, s50 and s51 / adviser failed to exercise due care and should’ve better informed herself of distinction between welder and fabricator / no dishonesty or deception / gravity of misconduct lower end of spectrum / no evidence of cost to employer or candidate / isolated incident / no further action taken.

  18. INZ (Greathead) v Ortiz [2019] NZIACDT 59 (29 August 2019) [PDF, 154 KB]

    Breach of professional obligations & Immigration Advisers Licensing Act 2007 / exploitation of unlawful employee / dishonesty / client had work visa for farm work  but was instead worked for adviser’s husband as a hairdresser / client not paid for work / client not permitted to work / adviser told INZ client was a volunteer / adviser convicted of being a party to exploitation / Code of Conduct 2014, cl1, cl2e, cl3c, cl18a, cl26b/ Immigration Advisers Licensing Act 2007, s44 / adviser failed to establish professional relationship with client / adviser failed to inform  client he could not work / adviser’s conduct grossly unprofessional / insufficient evidence adviser was operating through husband on immigration matters / adviser’s behaviour false and misleading / convictions breach of Code but punitive sanction not considered due to punishment in criminal process / public interest sanction necessary as cannot regain licence / complaint upheld.

  19. INZ (Calder) v Tian [2019] NZIACDT 58 (27 August 2019) Sanctions [PDF, 204 KB]

    Sanctions decision / lack of professionalism and due care / failure to provide full files to Authority / adviser misunderstood immigration instructions / wrongly asserted IELTS not justified / unprofessional communications with INZ / adviser made personal attacks against officers with no merit / Code of Conduct 2014, cl1, cl3c, cl26e / Immigration Advisers Licensing Act 2007, s50 and s51 / persons other than client must also be treated professionally and with respect / conduct not in clients’ best interests / statutory demands to produce files straightforward / correspondence with INZ at high end of unprofessional correspondence / adviser censured and ordered to pay penalty of $2000.

  20. LT v SH [2019] NZIACDT 57 (7 August 2019) [PDF, 174 KB]

    Breach of professional obligations and Immigration Advisers Licensing Act 2007 / providing misleading information / visitor visa application declined due to failure to declare previous exclusion from Australia / complainant assisted by an education agent / alleged agent was unlicensed subagent of adviser / in explaining earlier failure to declare, adviser sent letter to INZ  which made no mention of unlicensed advice / futile application / Code of Conduct 2014, cl1, cl9a, cl9b / Immigration Advisers Licensing Act 2007, s44 / no lack of due care / no evidence agent was a subagent of adviser / client aware of risk of failure / failure to obtain written acknowledgment of risks not sufficiently serious to meet threshold in this case / complaint dismissed.

  21. NTT v Gong [2019] NZIACDT 56 (5 August 2019) [PDF, 167 KB]

    Breach of professional obligations and Immigration Advisers Licensing Act 2007 / failure to properly document professional relationship / work visa application / adviser knew complainant socially / no written agreement for immigration services / communications not formalised / fees paid but not deposited and invoices not issued / failure to provide fully copy of file/ adviser claimed internet fault / INZ raised character concern / Code of Conduct 2014, cl18a, cl22, cl25c, cl26(a)(i), cl26(e), cl26b, cl26c / Immigration Advisers Licensing Act 2007, s44 / adviser admitted all heads of complaint / adviser failed to treat immigration side of relationship objectively and professionally / important to have written agreement and properly document financial transactions / complaint upheld.

  22. INZ (Calder) v Wong [2019] NZIACDT 55 (5 August 2019) sanctions [PDF, 121 KB]

    Sanctions decision / entering further information after client signed blank application form / failure to provide full copy of files for inspection / adviser asked client to sign visa application form in blank / adviser completed form in client’s absence / failure of criminal prosecution / Code of Conduct 2014, cl3c / Immigration Advisers Licensing Act 2007, s50 and s51 / conduct serious / clients not vulnerable / appropriate to censure given seriousness of complaint / provision of false evidence aggravating factor / failure to attend Tribunal hearing/ licence cancelled / adviser prohibited from reapplying  for maximum period of 2 years / penalty of $6000

  23. Registrar of IAA v Ho [2019] NZIACDT 54 (31 July 2019) [PDF, 154 KB]

    Rubber stamping / breach of professional obligations & Immigration Advisers Licensing Act 2007 / permitting unlicensed people to provide immigration services / adviser dealt with client through overseas consultancy / client had no direct contact with adviser / unlicensed staff planned & coordinated application process & communicated with client / adviser not involved in process / staff provided eligibility advice / Code of Conduct 2014, cl1, cl2e, 3c, 18c, & 19e / Immigration Advisers Licensing Act 2007, s442 / adviser had no control over process / no active engagement with client or file / all work done by consultancy’s unlicensed staff / adviser’s involvement limited to signing letter & form prepared by others / employee’s advice on eligibility beyond clerical work / no requirement adviser must be party to agreement or sign it but still subject to obligations / cl 19e does not require a generally Code compliant agreement, it is the services which must be tailored / complaint upheld

  24. INZ (Gilray) v Singh [2019] NZIACDT 53 (29 July 2019) [PDF, 212 KB]

    Rubber stamping / Breach of professional obligations and Immigration Advisers Licensing Act 2007 / delegating immigration work to unlicensed staff / adviser dealt with clients through overseas consultancy / adviser had no contact with clients / clients dealt with unlicensed staff member throughout / clients completed checklist / Code of Conduct 2014, cl1, cl2e, 3c, 18b, 19e and cl26b / Immigration Advisers Licensing Act 2007, s442 / adviser thought clients’ employer who paid his fee was his main client / adviser relied on unlicensed people to assist clients / immigration advice embraces all immigration work / inevitable staff member would give unlicensed advice / highly likely clients would ask questions and issues would arise / adviser unprofessional and failed to exercise care / failure to obtain clients’ informed instructions / complaint serious / clients denied protection of engaging with a qualified and knowledgeable person / complaint upheld.

  25. INZ (Calder) v Shearer [2019] NZIACDT 52 (25 July 2019) Sanctions [PDF, 185 KB]

    Sanctions decision / rubber stamping / breach of professional obligations / unlicensed staff performed immigration work on adviser’s behalf / adviser had no contact with clients at all / adviser believed overseas recruitment company was her client / failure to recognise applicants were her true clients / high level of negligence found / Code of Conduct 2014, cl1, cl2e, cl3c, cl18a, 26b and cl26e / Immigration Advisers Licensing Act 2007, s50 and s51 / adviser no longer a licensed adviser / / conduct of delegating immigration work serious and grossly unprofessional / complaint concerned 22 clients / rubber stamping at the upper end / previous complaint upheld / adviser’s financial, professional and personal circumstances an important mitigating factor / costs not awarded due to adviser’s financial and personal circumstances / adviser censured and ordered to pay penalty of $6,500 / prohibition against reapplying for licence.