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Search results

611 items matching your search terms

  1. [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.

  2. [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.

  3. [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.

  4. [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.

  5. [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.

  6. [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.

  7. 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.

  8. INZ (Carley) v De'Ath [2020] NZIACDT 10 (19 February 2020) [PDF, 180 KB]

    Unprofessional and disrespectful communications with INZ / INZ initially declined client’s work visa / adviser sent emails to immigration officers expressing concern & criticising INZ / INZ made complaint that adviser’s communications were antagonistic, intimidating & not in proportion to issue / Immigration Advisers licensing Act 2007, s442 / Code of Conduct 2014, cl1 / adviser’s correspondence unprofessional but did not cross disciplinary threshold / adviser’s remarks about officers not malicious or offensive / some truth to adviser’s criticism & frustration understandable / criticism of public officials an important aspect of professional practice / complaint dismissed.

  9. [2020] NZIACDT 9 - DKD v Smith - Sanctions (13 February 2020) [PDF, 147 KB]

    Sanctions decision / negligence / failure to enter into written agreement with client / failure to file residence application in time / invitation expired / Immigration Advisers Licensing Act 2007, s50, s51 / adviser failed to perform fundamental obligations of a professional adviser / adviser’s misconduct aggravated by previous similar findings against him / adviser declined to engage with Authority or Tribunal / adviser bears high degree of responsibility for complainant not obtaining residence / adviser to undertake training & prohibited from renewing licence / adviser censured & ordered to pay $5000 penalty / adviser also ordered to pay $5000 compensation by way of general damages to complainant for application fees, inconvenience, anxiety & stress.

  10. [2020] NZIACDT 8 - GQ v Ramos (10 February 2020) [PDF, 123 KB]

    Negligence / failure to provide sufficient advice to enable complainant to make informed decision / failure to keep record of oral advice or confirm advice in writing / complainant a nurse who obtained New Zealand Diploma in Management (Healthcare) / complainant offered work as a caregiver & wished to apply for post-study visa / adviser advised relevance of qualification to role an issue but advice not recorded or communicated in writing / application declined because INZ not satisfied employment relevant to New Zealand qualification / complaint that adviser did not advise a backup plan should application fail / Code of Conduct 2014, cl1, cl2, cl26 / standard of work required by Code not excellence, but reasonableness / proper immigration advice given as no evidence to contrary / issue of whether qualification relevant to role critical & advice on issue should have been confirmed in writing / complaint upheld.

  11. NLT v Coetzee [2020] NZIACDT 7 (10 February 2020) Sanctions [PDF, 122 KB]

    Sanctions decision / failure to enter written agreement with client / failure to exercise due care / complainant employed as a contractor / adviser advised complainant could still get residence as a contractor / INZ told adviser complainant needed to remain an employee for work visa / complainant claimed compensation for various expenses & losses & refund of fees / Code of Conduct 2014, cl1, cl18 / Immigration Advisers Licensing Act 2007, s50, s51 / adviser’s misconduct at lower end of spectrum / high degree of carelessness in relation to advice about being an independent contractor / no systemic problem with adviser’s professional practice / adviser learnt from process & has greater understanding of professional obligations / compensation declined / expenses and losses did not arise from adviser’s misconduct  /  complainant received what he had contracted for so no refund of fees / adviser cautioned & ordered to pay $1,500 penalty.

  12. NL v Joseph [2020] NZIACDT 6 (31 January 2020) [PDF, 125 KB]

    Negligence / lodging of falsely signed documents / absence of client agreement & proper file documentation / adviser offered complainant work for company he had an interest in / owner not aware of offer / adviser claimed to be acting on behalf of owner & instructed staff member to sign offer letter & employment agreement as owner / post-study work visa declined as employment agreement not valid / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl18a, cl26, 31a / conduct unprofessional but not negligent / adviser presented documents with false signatures / adviser instructed staff member to sign as owner rather than on behalf of owner / failure to inform owner not a mere oversight as adviser could have informed him / adviser failed to enter client services agreement / omission not a mere technicality or file management issue / adviser failed to properly document services / complaint upheld.

  13. NJUM v Vole [2020] NZIACDT 5 (29 January 2020) [PDF, 126 KB]

    Dishonest or misleading conduct / client married in Samoa but marriage not registered / husband successfully registered himself under Samoan Quota as a single person / adviser advised complainant to conceal marriage in application / complainant married husband again in New Zealand / residence based on later New Zealand marriage / application returned because valid police certificate missing / adviser as a Justice of the Peace certified copy of police certificate before sighting it to expediate process / residence declined because INZ not satisfied complainant in stable & genuine relationship / Code of Conduct 2014, cl1, cl3c, cl26, cl29d, 31a / adviser lacked diligence & due care in filing applications without necessary documents / adviser’s conduct in advising complainant to conceal first marriage dishonest / misconduct serious / presenting false certificate to INZ at lower end of dishonesty spectrum as document genuine / minimal record of written advice / complaint upheld.

  14. RDA v Registrar of Immigration Advisers [2020] NZIACDT 4 (24 January 2020) [PDF, 122 KB]

    Appeal against registrar’s decision to reject complaint about fees / whether a dispute about fees justifies disciplinary proceedings / appellant unable to proceed with residence application and terminated agreement with adviser / adviser did not have to complete all contracted work / dispute about level of refund offered by adviser / Immigration Advisers Licensing Act 2007, s442, s54 / terms of engagement unclear / refund policy not compliant with Code / starting point as to fair refund is contractual fee agreed / dispute a contractual dispute not a disciplinary matter / not role of disciplinary processes to reconcile inconsistent contractual provisions / dispute could be resolved by the Disputes Tribunal / not clear fee charged not fair and reasonable / dispute did not cross threshold justifying disciplinary action / appeal rejected.

  15. MM v Registrar of Immigration Advisers [2020] NZIACDT 3 (23 January 2020) [PDF, 120 KB]

    Appeal against registrar’s decision to reject complaint about deception / whether sufficient evidence of deceit by adviser to justify returning complaint to Authority / adviser found employment for appellant / adviser allegedly sent appellant photos purporting to be restaurant where he would work but photos depicted different restaurant / restaurant sold and renamed / adviser sought variation of work visa which was approved / appellant complained he was deceived as to the identity of employer and scale of restaurant / registrar found advice given was adequate and rejected complaint / Immigration Advisers Licensing Act 2007, s442, s54 / no prima facie evidence of deceit / no evidence adviser knew photos were of a different restaurant / no evidence adviser knew of change of employer before employment agreement sent to appellant / adviser successful in performing contracted immigration services / appeal rejected.

  16. TSO v Essina [2020] NZIACDT 2 (16 January 2020) [PDF, 117 KB]

    Dishonest or misleading conduct / acting unprofessionally / visitor visa declined because INZ not satisfied complainant a genuine visitor / adviser told complainant visa declined due to changes in rules & regulations / complainant received NZQA evaluation & job offer through adviser’s recruitment agency / adviser filed work visa application / adviser advised INZ that complainant did not receive NZQA evaluation / application withdrawn / complainant lodged a complaint & adviser offered to refund complainant’s money if he withdrew it / Code of Conduct 2014, cl1, cl3c, cl29d, 31a / Immigration Advisers Licensing Act 2007, s442 / not material that grounds of complaint not raised by complainant / adviser’s decision to withhold NZQA assessment from INZ deliberate & misleading / advice to complainant dishonest / offer of refund for withdrawal of complaint unprofessional / complaint upheld.

  17. TI(G)M v Hanning [2020] NZIACDT 1 (9 January 2020) [PDF, 138 KB]

    Failure to have written agreement with client / failure to exercise diligence & due care / negligence / complainant held a work visa but had no income for a period due to issues with employer / complainant offered permanent employment & applied for South Island Contribution Visa / INZ sent PPI letter advising lack of income and that employment agreement did not clearly state guaranteed minimum hours / visa declined because complainant did not appear to be a bona fide candidate / Code of Conduct 2014, cl1, cl18a, cl 18d / Immigration Advisers Licensing Act 2007, s442 / adviser did not conduct herself with due diligence or care & failed to respond in a timely manner to PPI letter / adviser should have checked agreement and identified lack of income issue before application was filed / workload & poor health no defence / adviser should have declined work / new or updated written agreement required for new visa category / complaint upheld.

  18. DKD v Smith [2019] NZIACDT 82 (12 December 2019) [PDF, 78 KB]

    Failure to inform complainant in timely manner invitation for residence application issued / failure to submit residence application before invitation expired  / negligence / failure to provide complainant with written agreement / residence visa application / adviser lodged expression of interest / INZ issued invitation to adviser but adviser did not contact complainant about it until 1 month before expiry / adviser  advised application would be delivered  but undertook no further work so application and invitation expired / Code of Conduct 2014, cl1, cl 18a / Immigration Advisers Licensing Act 2007, s442 / no denial of allegations by adviser / adviser negligent / conduct fell well below standard of reasonable care of competent and professional licensed adviser / adviser failed to provide written agreement / complaint upheld.

  19. NLT v Coetzee [2019] NZIACDT 81 (10 December 2019) [PDF, 144 KB]

    Failure to enter written agreement with client / failure to advise complainant could not lawfully work as independent contractor in New Zealand / employer & complainant originally signed employment agreement / agreement approved by INZ & work visa issued / addendum to agreement stated complainant employed as a contractor & complainant worked as one / adviser advised complainant could still get residence as a contractor / INZ told adviser complainant needed to remain an employee for work visa / complainant continued working as a contractor & was issued with deportation notice / Code of Conduct 2014, cl1, cl 18a / Immigration Advisers Licensing Act 2007, s442 / lack of due care / no written agreement with complainant / adviser did not make clear complainant could not work as a contractor without INZ’s approval / adviser should have sought advice from INZ earlier if uncertain about instructions / no evidence of dishonesty /adviser admitted advice erroneous / complaint upheld.

  20. KBN v Wharekura [2019] NZIACDT 80 (9 December 2019) [PDF, 126 KB]

    Dishonest and misleading behaviour / adviser’s licence suspended / complainant dyslexic / adviser suggested seeking an exemption from IELTS requirement / complainant contacted adviser seeking update on request / adviser falsely advised he had made a submission but there were no updates / adviser suggested complainant make a partnership-based application instead / complainant preferred not to base application on relationship & asked for update on exemption request / adviser provided falsified emails form Associate Minister’s office saying special direction assessments were on hold / adviser believed special direction would not be successful and never made a request / Code of Conduct 2014, cl1/ Immigration Advisers Licensing Act 2007, s442 / adviser’s conduct self-evidently dishonest / adviser acknowledged behaviour was at upper end of spectrum / conduct not for financial advantage & modest fee/ limited prejudice to complainant / complaint upheld.

  21. INZ (Gilray) v Croxson [2019] NZIACDT 79 (9 December 2019) Sanctions [PDF, 117 KB]

    Sanctions decision / rubber stamping / adviser had no direct communication with clients / adviser engaged by offshore immigration consultancy which had been engaged by recruiting agency in another country / adviser mistakenly believed consultancy was his client / failure to have written agreement / Code of Conduct 2014, cl1, cl2e, cl3c, cl17, cl18 / Immigration Advisers Licensing Act 2007, s50, s51 / delegation of immigration advice work to unlicensed people a serious infringement / not the most egregious example of rubber stamping as adviser still compiled application and supporting documentation / not a deliberate flouting of obligations / adviser accepted wrongdoing & put in place new practices to ensure obligations met / adviser censured & ordered to pay $3000 penalty.

  22. INZ (Calder) v Chiv [2019] NZIACDT 78 (4 December 2019) Sanctions [PDF, 653 KB]

    Sanctions decision / rubber stamping / failure to exercise diligence & due care / adviser filed invalid documents with INZ / applications filed online without giving clients opportunity to review information / breach of client confidentiality / staff communicated with clients en masse / bulk of communications with clients by unlicensed staff / Code of Conduct 2014, cl1, cl2e, cl4a, cl26c / Immigration Advisers Licensing Act 2007, s50, s51 / wrongdoing systemic - concerned seven clients & numerous visa applications / failure to personally engage with clients a serious breach / failure to acknowledge wrongdoing, express remorse or identify new practices to prevent repetition of misconduct / licence already removed for almost 2 years / further period of prohibition warranted / first appearance before Tribunal & no fraud or dishonesty / adviser prevented from reapplying for licence for 1 year & until completion of further training / adviser censured & ordered to pay $7000 penalty.

  23. FBN v Broadway [2019] NZIACDT 77 (28 November 2019) Sanctions [PDF, 127 KB]

    Sanctions decision / failure to have a client agreement / dishonest or misleading conduct / client’s file selected for review by Immigration Advisers Authority / adviser had entered services agreement with employer not client / adviser forged client’s signature on client services agreement and backdated own signature / Code of Conduct 2014, cl18a / Immigration Advisers Licensing Act 2007, s50 & s51 / adviser knowingly presented false document to  Authority / conduct went to adviser’s honesty which is at heart of being professional / order preventing renewal for eight months / adviser’s conduct did not contribute to complainant’s losses / while misconduct serious it did not adversely affect client, was an isolated incident and was promptly acknowledged / adviser also censured & ordered to pay penalty of $3,500.

  24. 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.

  25. 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.