• 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

804 items matching your search terms

  1. [2022] NZIACDT 28 - DD v Pabellon (15 November 2022) [PDF, 205 KB]

    Diligence and due care / adviser lacked due care and diligence in submitting a hopelessly flawed EOI and residence application / Immigration Advisers Licensing Act 2007, s442, s50, s51 / Code of Conduct 2014, cl1 / HELD / adviser concedes she breached cl1 / complainant could not satisfy English language criterion using uncompleted qualification & employment did not meet requirements as it was for less than 12 months / counsel’s characterisation as a one-off event at lower end of spectrum not accepted / two glaring errors, made twice / adviser is responsible for any mistakes by her staff and should have assessed the application itself / complaint upheld
  2. [2022] NZIACDT 27 - ZK v Li (8 November 2022) [PDF, 212 KB]

    Unprofessional / failure to confirm in writing details of material discussions / Immigration Advisers Licensing Act 2007, s442, s451 / Code of Conduct 2014, cl1, cl9, cl26aiii & cl26c / adviser did not confirm oral advice regarding risks in writing / cl26c is not a trivial bureaucratic obligation, oral advice is not always fully appreciated and written advice allows reflection / other grounds of complaint not established / alleged failure to recognise and advise complainant of risks contradicted by evidence / no missing written communication or file notes identified by the Registrar / complaint upheld
  3. [2022] NZIACDT 26 — DA v Ji (8 November 2022) [PDF, 121 KB]

    Sanctions / failed to disclose a conflict of interest in writing and obtain written consent, failed to maintain a client file with copies of all written and oral communications, and failed to make file available to IAA / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl5, cl6, cl26aiii, cl26e / most serious breach was failure to disclose conflict in writing and obtain client’s written consent; mitigated by verbal disclosure of conflict / five previous complaints upheld / poor disciplinary history is a significant aggravating feature / adviser censured / public require protection / adviser prevented from reapplying for licence for maximum two years / ordered to pay $2,000 financial penalty / costs claimed for compensation not caused by upheld breaches, declined
  4. [2022] NZIACDT 25 - CT v Nandan - Sanctions (3 October 2022) [PDF, 193 KB]

    Sanctions / adviser failed to provide an invoice, refund & confirm that the service contract was terminated / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl22, cl24c, cl28a / HELD / first appearance before Tribunal / lower end of misconduct / adviser cautioned / ordered to pay $500 financial penalty / partial refund of $1,500 ordered to reflect work undertaken / compensation of $500 ordered
  5. [2022] NZIACDT 24 - DA v Ji (20 September 2022) [PDF, 173 KB]

    Conflict of interest & failed to maintain a client file / Immigration Advisers Licensing Act 2007, s 442 / Code of Conduct 2014, cl3a, cl5, cl6, cl26aiii, cl26e / HELD / complaint adviser facilitated payment of employment premium not proven, conflicting evidence about purpose of payment / breach of cl5 & cl6 / adviser was also a director of the restaurant employing the complainant but did not disclose the conflict in writing or obtain written consent / breach of cl26aiii & cl26e / client file contained limited communications with complainant and none with their employer, and adviser did not provide the same to the IAA / complaint partially upheld
  6. [2022] NZIACDT 23 - TQ v Gibson - Sanctions (7 September 2022) [PDF, 107 KB]

    Sanctions / diligence and due care / adviser failed to reply to PPI letter, provide timely updates, or inform complainant their application was declined / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl26b / HELD / isolated occasion of wrongdoing that had serious consequences, as complainant’s residence application was declined / adviser acknowledged mistake and apologised, improved business practices and hired additional help & fully refunded fees that were paid to prior business owner ($10,000) / adviser cautioned / ordered to pay $1,000 financial penalty / compensation of $2,000 awarded for distress, considering the full refund and the financial penalty ordered
  7. [2022] NZIACDT 22 - SU v Murthy (Sanctions) (29 August 2022) [PDF, 202 KB]

    Sanctions / diligence and due care / adviser was late seeking an NZQA assessment / no service contract for work visa / no written confirmation given of termination of services or oral advice / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl18a, cl26c, cl28a / HELD / second appearance before Tribunal / adviser censured & directed to undertake further training due to deficient systems and understanding of professional obligations / ordered to pay $1,500 financial penalty / claim for refund of fees ($3,553) upheld, including the $445 NZQA fee which was paid late and without checking whether the client still wished to proceed / compensation claim not upheld as not particularised or evidenced 
  8. [2022] NZIACDT 21 - CT v Nandan (18 August 2022) [PDF, 215 KB]

    Adviser failed to provide an invoice, refund & confirm that the service contract was terminated / Immigration Advisers Licensing Act 2007, s7, s442, s50, s51 / Code of Conduct 2014, cl1, cl22, cl24c, cl28a / HELD / adviser surrendered licence to become a lawyer / breach of cl22 / did not provide invoice for client’s payment / breach of cl24c / after surrender of licence, service contract was effectively terminated / obliged to refund deposit, less value of work done and invoiced / eventual offer to refund was 19 months after initial request / initial refusal on the basis contract prohibited refunds for change of mind contrary to cl24 / client entitled to “fair and reasonable” refund per cl24a & cl24c / breach of cl28a / did not confirm contract termination in writing / name suppression refused / presumption in favour of publication not displaced / complaint upheld
  9. [2022] NZIACDT 20 - XZ v Liu (10 August 2022) [PDF, 206 KB]

    Sanctions / diligence and due care / gave incorrect advice to client about whether they could enter New Zealand, delaying return and employment / honest mistake but not advice a reasonable, prudent and diligent practitioner would give / Immigration Advisers Licensing Act 2007, s3, s50, s51 / first appearance before Tribunal / isolated incident of wrong advice that had severe consequences / low level wrongdoing / adviser cautioned, rather than censured / ordered to pay $1,000 financial penalty / no justification for refund of successful residence application fees / compensation claim partially upheld for lost wages / Tribunal may award reasonable compensation; a contribution towards losses and expenses, not an indemnity / large compensation claims cannot avoid usual civil process / four weeks gross wages ($4,480) awarded for loss of income
  10. [2022] NZIACDT 19 – TA v Tian (Sanctions) (25 July 2022) [PDF, 185 KB]

    Sanctions / dishonest behaviour / numerous breaches of obligations over multiple applications / false representations about application status and completed work while doing nothing / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl9, cl18a, cl26a, cl29a / HELD / high end of misconduct / in addition to deceit, 16 breaches of obligations / fourth upheld complaint against adviser with a pattern of deceitful conduct / did not engage with disciplinary process in a meaningful way / grave consequences for complainant / adviser censured / prevented from reapplying for maximum period of 2 years / ordered to pay $8,000 financial penalty / compensation of $27,145 ordered ($20,955 for wasted polytechnic fees, $1,150 for first s61 request after wrongdoing uncovered, and $5,000 emotional distress)  / costs for legal fees on complaint not awardable / fees for further immigration applications did not arise from adviser’s wrongdoing, disallowed
  11. [2022] NZIACDT 18 - TQ v Gibson (25 July 2022) [PDF, 209 KB]

    Diligence and due care / adviser failed to reply to PPI letter or inform complainant their application was declined / Immigration Advisers Licensing Act 2007, s7, s442, s50, s51 / Code of Conduct 2014, cl1, cl26a / HELD / adviser did not engage with Tribunal / breaches of cl1 / lack of professionalism, diligence and due care in failing to substantively respond to PPI letter, compounded by not obtaining urgent instructions after being reminded by INZ / failure to inform complainant of application outcome, or reply to complainant’s emails regarding work visa and residence application, also constitute breaches of cl26a / dishonesty or misleading conduct allegation not upheld, as adviser did not know of decline decision before being told by complainant / complaint upheld
  12. [2022] NZIACDT 17 - SU v Murthy (18 July 2022) [PDF, 305 KB]

    Diligence and due care / adviser failed to check whether staff had correctly filed NZQA application & did not personally check after being asked by client / Immigration Advisers Licensing Act 2007, s7, s442, s50, s51 / Code of Conduct 2014, cl1, cl18a, cl26c, cl28a, cl29f / HELD / breach of cl1 / failing to check on NZQA application for two months is an unacceptable delay / dishonesty allegations not established / adviser’s responses to client regarding NZQA application inquiries in good faith, not dishonest / belatedly paid NZQA fee after complainant terminated work visa services / should have checked client wished to proceed, but payment not dishonest because of belief NZQA application services had not been terminated / advice that EOI selections would recommence unduly optimistic, not deceitful / breach of cl18a / no service contract for work visa / breach of cl28a & cl26c / no written confirmation of termination of services or oral advice given / complaint upheld
  13. [2022] NZIACDT 16 GX v Registrar (5 July 2022) [PDF, 182 KB]

    Appeal against Registrar rejecting complaint / complaint adviser used misleading and invalid agreements, did not provide or explain Code of Conduct and internal complaints procedure, asked to charge a higher fee, required payment in cash & in breach of contract / Registrar rejected complaint on basis it disclosed only a trivial or inconsequential matter / Immigration Advisers Licensing Act 2007, s7, s442, s451, s54 / Code of Conduct 2014, cl1, cl17, cl18b, cl19m, cl19n / Ekanayake v Registrar of Immigration Advisers [2015] NZIACDT 67 / Immigration New Zealand (Calder) v Cleland [2019] NZIACDT 25 / HELD / file evidences breaches of cl1, cl17, cl18b, cl19m & cl19n / as objective of tax residency work was to secure visa, tax work captured by “immigration advice” definition / failure to recognise this meant adviser entered into agreement without following Code obligations / other complaints not established / Registrar exercised discretion reasonably and lawfully / appeal rejected
  14. [2022] NZIACDT 15 - BC v Lawlor (29 June 2022) [PDF, 218 KB]

    Sanctions / negligence / numerous breaches of Code / failed to file requests / failed to identify clients’ ineligibility / failed to get approval to change visa category / failed to have written agreement / failed to respond to INZ letter / failed to inform clients they were unlawful & provide updates / failed to advise outcome / did not ensure payment for reconsideration application / failed to confirm details of material discussions in writing / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl18a, cl26aiii, cl26b, cl26c / HELD / adviser accepted wrongdoing / first appearance before Tribunal / serious professional failures with significant consequences / adverse publicity a usual consequence, of limited relevance for sanctions / health issues at the relevant time / adviser censured / no training directed as misconduct explained by health / $2,000 financial penalty ordered / no submissions for refund or compensation, none ordered
  15. [2022] NZIACDT 14 - XZ v Liu (27 June 2022) [PDF, 220 KB]

    Diligence and due care / adviser gave incorrect advice to client about whether they could enter New Zealand / originally gave correct advice, but in later correspondence, failed to correctly identify the relevant start date of client’s visa / assumed date of INZ letter was the same as visa start date / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / Immigration Act 2009, s62 / HELD / adviser admitted mistake / breach of cl 1 / faced with simple question and relevant instruction is uncomplicated / expected to correctly know facts and INZ criteria when giving advice on critical matter such as returning to NZ to undertake employment / adviser should have double-checked and followed up later if facing difficulties communicating / although common, not invariable that date of visa letter will align with start date / momentary lapse in concentration, but not an excusable human error / complaint upheld 
  16. [2022] NZIACDT 13 – BU v McCarthy (20 June 2022) [PDF, 108 KB]

    Sanctions / dishonest behaviour / failed to lodge a s 61 request after accepting instructions and payment to do so / deliberately deceived client into believing request had been made for about 18 months / Immigration Advisers Licensing Act 2007, s3, s50, s51 / HELD / first appearance before Tribunal / adviser provided no explanation & did not engage with Tribunal / conduct exacerbated by contempt for disciplinary process / serious misconduct with serious consequences for client / adviser censured / no longer licensed / prohibited from applying for a licence for the maximum period (two years) in light of attitude to disciplinary process & no confidence adviser has learned anything / ordered to pay $4,000 financial penalty / claim for refund of fee ($4,025) not opposed, upheld / award of $2,000 compensation for emotional distress
  17. [2022] NZIACDT 12 - LS v Murthy (27 May 2022) [PDF, 98 KB]

    Sanctions / adviser failed to communicate adequately / did not confirm in writing when she lodged application / did not confirm termination of services in writing / Immigration Advisers Act 2007, s3, s50, s51 / Code of Conduct 2014, cl26b, cl28a / first appearance before Tribunal / important to communicate professionally, but conduct not serious / adviser cautioned / circumstances do not justify a small financial penalty / conduct did not cause complainant loss, no grounds for refund
  18. [2022] NZIACDT 11 - BU v McCarthy (18 May 2022) [PDF, 193 KB]

    Adviser failed to lodge s 61 request / failed to keep client informed of developments in a timely manner / misled clients by pretending an application had been made / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / HELD / breaches of cl 1 / request should have been ready to lodge in the months between receiving instructions and payment, but adviser concedes he failed to act / adviser unprofessional and lacked diligence / further, few communications to clients did not keep them informed of progress / last communication was misleading in that it pretended an application had been made, and clients continued to believe this until they contacted INZ directly / did not provide an explanation to Tribunal / advisers are obliged to explain conduct in the face of dishonesty allegation / adverse inference of misleading behaviour drawn / complaint upheld
  19. [2022] NZIACDT 10 - BC v Lawlor (18 May 2022) [PDF, 192 KB]

    Negligence / numerous breaches of Code / failed to identify qualification did not meet instructions & client’s ineligibility / failed to get approval to change visa category / failed to have written agreement / failed to respond to INZ letter / failed to inform clients they were unlawful & provide updates / failed to advise outcome / did not ensure payment for reconsideration application / failed to file requests in a timely manner & when requested / failed to confirm details of material discussions in writing / Immigration Advisers Licensing Act 2007, s 442 / Code of Conduct 2014, cl1, cl2e, cl18a, cl26aiii, cl26b, cl 26c / adviser conceded Code breaches & provided explanation / errors attributed to health and personal difficulties / acting pro bono does not lower standard required / no breach of cl26aiii, it does not require creation of written communications; cl26(c) does / complaint upheld
  20. [2022] NZIACDT 9 NL v Registrar (2 May 2022) [PDF, 193 KB]

    Appeal against Registrar rejecting complaint / complaint adviser had a conflict of interest and underpaid wages / Registrar rejected complaint on basis it did not disclose any of the statutory grounds of complaint / Immigration Advisers Licensing Act 2007, s442, s451, s54 / Code of Conduct 2014, cl2, cl5, cl6, cl7 / employment related claims are not within jurisdiction / adviser offered to employ appellant and submit work visa application / conflict of interest recognised by adviser in a letter which also recommended independent immigration advice / appellant signed acknowledgement he received letter and understood it / adviser satisfied professional obligations for potential conflict but best practice would be clear and express consent to representation despite the conflict, and to record nature of conflict / standard agreement should have been tailored to circumstances / appellant knew of adviser’s role and signed acknowledgement and client agreement / appeal rejected
  21. [2022] NZIACDT 8 - IF v Registrar (2 May 2022) [PDF, 111 KB]

    Appeal against Registrar rejecting complaint / complaint adviser wrongly assumed visa expiry dates of appellant and wife were the same, resulting in the wife becoming unlawful / Registrar rejected complaint on basis it disclosed only a trivial or inconsequential matter / Immigration Advisers Licensing Act 2007, s442, s451, s54 / Code of Conduct 2014, cl1 / Liston v The Director of Proceedings [2018] NZHC 2981 / adviser breached cl1 by not identifying correct expiry date and notifying wife / accepted situation stressful / minimum threshold for sanctions for public protection / mistake mitigated by apology, rectification, admission of mistake to INZ, offer to reimburse lost wages, no adverse consequences & migrants bear an obligation to ensure they are aware of visa expiry dates / minimal delays caused to residence application / other losses not particularised by appellant / other complaints / Registrar found delays did not warrant formal process / appeal rejected
  22. [2022] NZIACDT 7 - TA v Tian (27 April 2022) [PDF, 211 KB]

    Dishonest behaviour / numerous breaches of obligations over multiple applications / false representations about application status and completed work / failed to inform client of application outcomes / failed to provide sufficient explanations and a mandatory document to INZ / did not advise of risks or properly document advice regarding futile immigration matters / failed to have a written agreement with client / failed to maintain a client file / failed to inform client of licence suspension / Immigration Advisers Licensing Act 2007, s442, s50, s511 / Code of Conduct 2014, cl1, cl9, cl18a, cl26a, cl29a / adviser provided no explanation in response to complaint / professionals have a duty to respond to complaint and disciplinary processes / adverse inference drawn / failure to advise application outcomes was deliberate / hiding suspended licence status was a gross breach of trust / dishonestly pretended to assist client / complaint upheld
  23. [2022] NZIACDT 6 IL v Khetarpal (19 April 2022) [PDF, 193 KB]

    Sanctions / due care / failed to inform client salary did not meet immigration instructions, and filed son’s application under wrong category / failed to disclose she was providing advice pursuant to interim order of District Court as required / failed to provide client with written agreement & client file to IAA / Immigration Advisers Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl3a, cl18a, cl26e / adviser did not engage with Tribunal / four previous disciplinary findings, also involving lack of due care and professionalism / licence has previously been cancelled / adviser censured / prohibited from reapplying for any licence for two years, to run concurrently with existing order / ordered to pay $3,500 financial penalty / claim for compensation for lost wages does not show claimed losses arose from adviser’s wrongdoing
  24. [2022] NZIACDT 5 – LS v Murthy (4 April 2022) [PDF, 199 KB]

    Failure to confirm matters in writing / Code of Conduct 2014, cl1, cl26b, cl26f, cl28a / Immigration Advisers Licensing Act 2007, s5, s7, s442, s49 / HELD / jurisdiction / work on NZQA qualification assessment was immigration advice as a necessary document for a residence visa / oral hearing / complainant did not attend hearing / allegations of dishonest or misleading behaviour not upheld / adviser’s evidence she was authorised to create email address for complainant plausible, accepted / adviser’s evidence she stopped work after seeing message terminating services, accepted / no breach of cl 1 for failing to lodge assessment in a timely manner, work was not urgent / no breach of cl26f for failing to provide documents when requested, statement of complaint does not identify what documents were subsequently provided or not / breaches of cl26b & cl28a for failing to confirm in writing when NZQA assessment application was lodged, and when services were terminated / complaint upheld
  25. [2022] NZIACDT 4 - ZI v Wan Sanctions (3 March 2022) [PDF, 199 KB]

    Sanctions / diligence and due care / failed to lodge variation of conditions application / failed to inform client INZ rejected exemption to guardian visitor visa conditions / client breached visa conditions / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1 / one previous disciplinary finding / adviser censured / no training order justified, complainant does not identify what training is required / ordered to pay $2,000 financial penalty / compensation not sought due to settlement agreement