Ministry of Justice

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

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

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

Appeal against Registrar rejecting complaint / complaint adviser failed to inform INZ that client had lost his job, breached confidentiality by sharing information with employer, and mistakenly informed client INZ would issue the family visitor visas / 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, cl18a, cl26aii / not accepted INZ not informed that client lost employment / client informed INZ without reference to adviser / when client communicates directly with INZ, less clear who is responsible for any failure to inform / no evidence of breach of confidentiality or that adviser lied to client concerning visitor visa / public hospital charges arising out of failing to have a visa not the responsibility of adviser / absence of written agreement is a breach of cl18a, Registrar appropriately issued a reminder / appeal rejected  DP

Diligence and due care / client breached visa conditions by travelling offshore twice without their child while holding a guardian visitor visa / visa required that client live with their child in NZ / first trip involved a family emergency / adviser failed to lodge a separate variation application, instead relying on immigration officer’s failure to object while questioning departure / second trip was to gather evidence for residence visa application / adviser failed to inform client that INZ refused a temporary exemption to visa condition, or warn of consequences of departing in breach / Code of Conduct 2014, cl1 / Immigration Advisers Licensing Act 2007, s442 / breach of cl1 found / adviser accepts he should have made formal variation application, and should have informed client of adverse decision and advised of risks and options / complaint upheld

Dishonest behaviour / adviser deliberately misled INZ and the IAA / conflict of interest / numerous breaches of obligations / Immigration Advisers Licensing Act 2007, s 442 / Code of Conduct 2014, cl1, cl5, cl7a, cl17a, cl17b, cl17c, cl18b, cl19l, cl22, cl31a / adviser did not engage with Tribunal / blamed an unknown offshore adviser and translation mistake for past false information / actually had a business relationship with that adviser, and was told false information was deliberate / acted without disclosing actual conflict of interest / could not objectively explain false information given business relationship / failed to send client the INZ response letter before and immediately after submitting it / failed to explain significant matters in written agreement & provide complaints procedure & summary of professional responsibilities / unintentionally failed to provide invoice / declined to consider whether advisers have wider obligation, outside of resolving client’s situation, to…

Sanctions / dishonest and misleading behaviour / dishonestly advised visa was being processed when it was declined & applied for discretionary relief without instructions / supported applications with false declaration, obtained by mistranslating content / numerous other breaches of professional obligations / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl8c, cl18a, cl22, cl26a, cl26b, cl26e, cl26f, cl28a, cl28b / misconduct involving dishonesty at serious end of spectrum / Tribunal has previously upheld three complaints against adviser / sustained history of serious misconduct / aggravated by contempt for disciplinary process / unfit to be a member of the profession & consumers require protection / adviser censured / prevented from renewing licence for maximum two years / directed to refund $3,246 fees / directed to compensate $10,640.81 for legal fees to regularise status & $5,000 for distress / ordered to pay $7,000 financial penalty

Negligence / appeal against Registrar rejecting complaint / solicitor failed to forward INZ email to adviser for response / adviser worked as a contractor to law firm / Registrar rejected complaint on basis it did not meet statutory criteria / Immigration Advisers Licensing Act 2007, s 442, s451, s54 / INZ was given contact details of solicitor and adviser & was entitled to send email to solicitor only / solicitor required to forward email to adviser / Tribunal only has jurisdiction over adviser / adviser not at fault / failure to provide apology and explain delay to INZ not unprofessional / appeal rejected.

Negligence / appeal against Registrar rejecting complaint / complaint adviser should have known visa application had no prospect of success / visa criteria relating to income could not be met by relying on retainer or commission as income / Registrar considered adviser’s work competent & did not address income complaint / Registrar rejected complaint on basis it disclosed trivial or inconsequential matter / Immigration Advisers Licensing Act 2007, s 442, s451, s54 / Code of Conduct 2014, cl1, cl9, cl26aiii & cl26c / evidential foundation for allegations established / allegation adviser aware of income issue at outset & complainant not advised of risks / appeal allowed

Sanctions / misleading behaviour / adviser failed to take due care, misled complainant about when and whether application filed, did not pass on INZ letter, failed to reply to inquiries or make client file available to Registrar / Immigration Advisers Licensing Act 2007, s3, s50, s51 / starting point is the seriousness of misleading conduct, having lied to client / aggravated by refusal to engage with disciplinary process / no confidence adviser would change practices, comply with Code, or conduct himself honestly in future / failure to explain circumstances, express remorse, demonstrate learning, or show fitness to practice / renewal of licence prevented for two years  / adviser censured & directed to undertake further training before applying to be relicensed / claim for compensation for lost wages does not show claimed losses arose from adviser’s wrongdoing / adviser directed to refund $850 fee / adviser ordered to pay $2,000 financial penalty

Sanctions decision / diligence / failure to respond to INZ / failure to obtain and carry out client instructions & provide advice / failure to ensure client agreement contained name and licence number of other adviser providing advice & required provisional licence details / failure to update client / failure to provide full file on request from new adviser / Immigration Advisers Licensing Act 2007, s3, s50, s51 / first appearance before Tribunal / accepted wrongdoing, improved business process / as provisional licence holder not identified in agreement, adviser’s responsibility to undertake work & maintain direct relationship with client / not rubber stamping & client intended to engage provisional licence holder / training not ordered due to isolated mistakes and demonstrated learning / reasonable compensation not an indemnity, but contribution / adviser ordered to refund fee and compensate $2,360 / adviser ordered to pay $1,000 financial penalty

Misleading behaviour / advised failed to submit application on time & concealed application had not been submitted / did not pass on INZ letter to complainant / Immigration Advisers Licensing Act 2007, s50, s51 / Licensed Immigration Advisers Code of Conduct 2014, cl 1, cl2a, cl26b, cl26e / lack of due care / application urgent and straightforward / should have been made earlier, including copy of passport & online to speed up processing / failed to advise of and respond to INZ letter / adviser misled complainant as to when application would be filed and lied, blaming delay on INZ / clause in agreement not to contact INZ not found to be scheme to mislead / failure to communicate, provide advice and reply to INZ letter a breach of trust and confidence / failed to update complainant / adviser failed to provide copy of client file to Registrar / complaint upheld

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