• 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

605 items matching your search terms

  1. 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.

  2. 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.

  3. [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.

  4. [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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. 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.

  16. 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.

  17. 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.

  18. 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.

  19. 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.

  20. 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.

  21. 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.

  22. 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.

  23. 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.

  24. 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.

  25. 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.