Ministry of Justice

Provisional adviser / not named in client agreement / no details of provisional adviser in agreement / / failure to confirm application filed and provide timely updates / provisional adviser supervised by adviser / provisional adviser went on leave / no response to PPI letter, so complainant’s visa declined / Code of Conduct 2014, cl1, cl18a, cl19c, cl26b / Immigration Advisers Licensing Act 2007, s422 / no breach of cl1 / failure to inform INZ provisional adviser on leave did not meet disciplinary threshold / supervisor responsible for non-response to PPI letter / no breach of cl18a / written agreement provided, but did not contain provisional adviser’s name or details / should have advised complainant about PPI letter and extension request / complaint upheld

Sanctions decision / negligence / dishonest or misleading behaviour / adviser concealed decline of visa application from complainant and the reason for the decline / also advised complainant could work on interim visitor visa / dishonesty continued over eight months / Immigration Advisers Licensing Act 2007, s50, s51 / first appearance before Tribunal / accepted wrongdoing, offered refund following complaint / adviser suffering from serious medical condition, does not excuse conduct but considered in mitigation / adviser censured & directed to undertake further training / adviser directed to refund fee and pay compensation of $1,000 / adviser ordered to pay $2,000 financial penalty

Sanctions decision / negligence / dishonest or misleading conduct / adviser failed to file renewal application on time due to mistake in file records / complainant not informed of mistake or unlawful status / concealment of error deliberate & misleading / adviser failed to exercise due care & should have checked expiry date / Immigration Advisers Licensing Act 2007, s50, s51 / fundamental mark of a professional to be honest in communicating with client / failure to inform complainant of unlawful status a serious omission / second complaint against adviser / adviser cooperated with disciplinary process & acknowledged wrong doing / adviser’s health a mitigating factor / adviser’s income materially affected by  health & border closure / adviser censured & directed to undertake further training / adviser ordered to pay $1,500 financial penalty

Negligence / appeal against Registrar rejecting complaint / appellant aggrieved about adviser making various mistakes / adviser advised appellant he was eligible for residence based on recognition of industry experience & overseas qualification but recognition limited / Registrar deemed complaint trivial or inconsequential / adviser acknowledged mistakes, apologised & offered partial refund / Immigration Advisers Licensing Act 2007, s442, s451 / Code of Conduct 2014, cl1, cl4, cl24a / no evidence of wrong advice as to immigration criteria or processes / mistake a misunderstanding about requirements of vocational registration not immigration instructions / advice about vocational registration a shared responsibility / biographical & typographical mistakes not widespread & did not cause harm / refusal of refund a breach of Code but adviser eventually offered refund & apologised / appeal rejected.

Sanctions / rubber stamping / adviser assigned task of creating business plan to unlicensed accountant employee /  adviser exercised overall control of immigration process but excused himself wholly from client relationship / Immigration Advisers Licensing Act 2007, s50, s51 / serious breach & adviser previously appeared before Tribunal for similar breaches / conduct not characterised by wilful defiance of Code or disciplinary process / conduct occurred at about same time as previous complaints / adviser acknowledged misconduct and has set out to change firm’s practices / publication of disciplinary decisions not a punishment / no refund / no evidence of distress to complainant / adviser censured & ordered to pay $4,500 penalty.

Sanctions / rubber stamping / adviser failed to engage with complainant or his partner & left it to his staff to communicate with them / adviser involved behind the scene but absented himself completely from client relationship concerning substantive immigration work / Immigration Advisers Licensing Act 2007, s50, s51 / complaint related to only one client / adviser made an effort to learn from experience & improve business practices / adviser’s first appearance before Tribunal / adviser censured & ordered to pay $1000 penalty.

Sanctions / rubber stamping / adviser relied on unlicensed persons to communicate with complainant / adviser’s relationship to employer gave rise to actual conflict / Immigration Advisers Licensing Act 2007, s50, s51 / complaint serious but adviser did not completely abandon complainant to his staff / adviser should have declined to act as unable to provide objective advice /  conduct aggravated by earlier complaint upheld against him / adviser accepts complaint, fully cooperated with disciplinary process & made changes to his practice / adviser censured & ordered to pay $4,500 penalty & refund complainant’s $2,500 deposit.

Sanctions / negligence / adviser negligently advised complainant she could undertake work for two companies on visa limited to one company / Immigration Advisers Licensing Act 2007, s50, s51 / adviser’s negligence has serious consequences for complainant / high degree of carelessness / isolated incident / no evidence of any wider lack of skill or knowledge / training & measures undertaken to reduce risk of repeat error / appeal to IPT arose directly from adviser’s wrongdoing so can claim compensation for legal fees / other legal fees not claimable as unrelated to complaint upheld / no compensation for air tickets when family deported because too remote to be attributable to adviser’s wrongdoing / adviser bears some responsibility for family’s distress / adviser censured & ordered to pay $2,000 penalty & $7,433.50 compensation to complainant. Sanctions / negligence / adviser negligently advised complainant she could undertake work for two companies on visa limited to one company / Immi…

Supported Living Payment – appeal of a decision of the Benefits Review Committee. Section 219 of the Social Security Act 2018 and reg 150 of the Social Security Regulations 2018. Held that meaning of assistance is broader that financial assistance, and includes assistance to ensure continuity of care and provision essential information. Outcome: appeal allowed.

Rubber stamping / appeal against Registrar’s decision declining complaint / whether contemporary evidence showing direct communication between adviser & appellant before complaint made / appellant lodged complaint she had never received immigration advice from adviser & agreement did not mention adviser’s company received commission from an English language school / Registrar dismissed complaint on basis it disclosed trivial or inconsequential matter / Immigration Advisers Licensing Act 2007, s442, s451, s54  / Code of Conduct 2014, cl2e, cl 26c / no contemporary evidence of any communication between adviser & appellant before complaint raised / inadequate investigation as to use of unlicensed staff & undisclosed commission / appeal allowed.

Rubber stamping / permitting unlicensed employees to perform immigration work / complainant dealt with adviser’s wife & unlicensed staff on immigration matters / conflict of interest / adviser a former director of complainant’s employer & still did work for it / employer controlled by  adviser’s father-in-law / Code of Conduct 2014, cl1, cl2a, cl2e, cl3c, cl7a / Immigration Advisers Licensing Act 2007, s44 / business structure not set up to rely on unlicensed persons / adviser met & personally communicated with complainant / adviser unprofessional in relying on unlicensed persons to communicate with complainant / adviser failed to personally obtain  instructions / adviser’s relationship to employer gave rise to actual conflict / adviser unable to provide objective advice & should have declined to act / disclosure of conflict & client’s consent does not absolve adviser from compliance with Code / complaint upheld.

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

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