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’.
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810 items matching your search terms
Sanctions decision / dishonest or misleading behaviour / adviser fabricated academic document & filed it with NZQA to speed up client’s application / Immigration Advisers Licensing Act 2007, s50, s51 / form of document false not content / fact adviser not motivated by personal gain a mitigating factor / isolated act & adviser promptly admitted wrongdoing / adviser censured & ordered to pay $2,500 penalty.
Negligence / numerous professional failures / student visa application declined due to insufficient funds / adviser failed to inform complainant of outcome of application or its consequences despite numerous attempts by complainant to contact her / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl5, cl18, cl22, cl23, cl26, / adviser failed to enter into separate written client agreement with complainant & did not issue any invoices or receipts for payments made by complainant / adviser failed to keep a record of communications with the complainant or advice & did not advise complainant of outcome of applications or his unlawful status / complaint upheld.
Sanctions decision / negligence / complainant did not invest funds by deadline for residence under investment category / adviser negligent in missing deadline & failing to advise complainant need to invest / complainant sought $182,057.60 in compensation for loss of potential investment income, stress & anxiety & cost of bringing remedial action & complaint / Immigration Advisers Licensing Act 2007, s50, s51 / isolated act of negligence / first complaint against adviser since she was licensed 10 years ago / doubtful Tribunal has jurisdiction to award large sums of money / complainant could take court action for breach of contract / no provision for award of costs relating to Tribunal’s process but expenses in pursuing complaint in Authority recoverable / complainant entitled to cost of remedial action & modest sum for stress & anxiety caused by delayed residence / adviser cautioned & ordered to pay $2,000 penalty / adviser ordered to pay $18,500 compensation to complainant.
Dishonest or misleading behaviour / student visa / adviser filed with INZ letter from complainant’s employer to INZ falsely stating she had been granted leave to study in New Zealand and her position would be kept open / whether adviser knew complainant had already resigned at time of filing letter with INZ / whether adviser’s explanation to INZ honest / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl31 / adviser’s conduct in guiding complainant to compile letter suspicious but no evidence refuting he did not know complainant had resigned before sending letter / false explanation given by adviser to INZ / professional person need not resign on knowing evidence filed false, but expected to help check by providing honest explanation to INZ / adviser should have terminated instructions instead of sending letter with false statement / complaint upheld.
Dishonest or misleading behaviour / fabrication of academic transcript / essential skills work visa / adviser created course content document inserting school’s logo & a footer in order to speed up client’s application / document designed to look authentic & filed with NZQA / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl31a / form not its contents false / adviser’s conduct dishonest & misleading / adviser not motivated by personal gain but no defence / complaint upheld. Dishonest or misleading behaviour / fabrication of academic transcript / essential skills work visa / adviser created course content document inserting school’s logo & a footer in order to speed up client’s application / document designed to look authentic & filed with NZQA / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl31a / form not its contents false / adviser’s conduct dishonest & misleading / adviser not motivated by personal gain but no defence / com…
Sanctions decision / negligence / numerous professional failures regarding multiple visa applications / failure to disclose in writing conflict of interest / failure to provide invoices or written client agreements to complainant / failure to confirm in writing applications lodged / failure to maintain well-managed filing system / Immigration Advisers Licensing Act 2007, s50, s51 / conduct a continuation of adviser’s poor professional engagement & record keeping / overwork did not mitigate wrongdoing / serious breach of code not to have written agreement & keep client updated / adviser appeared not to have learned from previous complaint / adviser censured, directed to enrol in professional practice course & ordered to pay $3,500 penalty.
Sanctions decision / negligence / dishonest or misleading conduct / adviser failed to inform complainant he was not eligible for citizenship & accepted money for application without undertaking any work / lack of proper file documentation / adviser failed to respond to INZ’s letter of concern & inform complainant visa declined / Immigration Advisers Licensing Act 2007, s50, s51 / misconduct serious / adviser found to be dishonest & negligent / dishonesty for personal gain / adviser gave no explanation or apology & showed no remorse / adviser censured & prevented from reapplying for licence for 2 years / adviser ordered to pay penalty of $7,000 & refund fees of $5,150.
Sanctions decision / negligence / dishonest or misleading conduct / adviser failed to inform complainant he was not eligible for citizenship & accepted money for application without undertaking any work / lack of proper file documentation / Immigration Advisers Licensing Act 2007, s50, s51 / misconduct serious / adviser found to be dishonest & negligent / dishonesty for personal gain / adviser gave no explanation or apology & showed no remorse / adviser censured & prevented from reapplying for licence for 2 years / adviser ordered to pay penalty of $7,000 & refund fees of $5,150.
Negligence / dishonest or misleading behaviour / residence under investment category / complainant did not invest funds by deadline / adviser overlooked deadline & failed to remind complainant of it / alleged adviser falsely claimed she was unaware complainant had to complete both transfer & investent by deadline / whether sufficient evidence to establish adviser’s conduct dishonest or misleading / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / proof of dishonesty requires cogent evidence / evidence ambiguous, inconsistent & unreliable / evidence did not unequivocally establish whether adviser knew deadline requirements / adviser negligent in missing delaine & failing to advise complainant need to invest / negligence complaint upheld.
Sanctions decision / negligence / unsuccessful residence visa application / adviser miscalculated appeal period & appeal dismissed for being out of time / mistake amounted to failure to exercise due diligence & care / Immigration Advisers Licensing Act 2007, s50, s51 / failure to obtain residence had significant effect on complainant / adviser showed no remorse & does not seem to have learned from experience / adviser attacked complainant, Authority & Tribunal /adviser’s attitude to disciplinary process aggravated misconduct / isolated incident but mistake not merely an excusable human error / adviser cautioned, ordered pay financial penalty of $1,000 & refund of residence application fee of $1,600.
Negligence / appeal against decision of Registrar rejecting negligence complaint / work visa / INZ requested further information / adviser failed to provide information by due date due to a clerical error / work visa declined & appellant became unlawful in New Zealand / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / adviser accepted responsibility for mistake, offered two remedial options & refunded fees / breach of cl 1 but adviser’s professional response meant complaint did not meet disciplinary threshold/ appeal rejected.
Sanctions decision / rubber stamping / adviser took over arrangement with offshore company to provide immigration services to Filipino workers / system encouraged clients to deal with unlicensed persons / adviser failed to engage with clients / work carried out by staff amounted to immigration advice / previous complaint upheld regarding same arrangement / lack of written agreement with client / Immigration Advisers Licensing Act 2007, s50, s51 / rubber stamping a serious professional violation / adviser’s conduct not deliberate / adviser misunderstood scope of clerical work / adviser failed to engage with clients even after complaint had been made / misconduct continued after warning from INZ / adviser no longer licensed / financial penalties involve punishment but also deterrence / misconduct serious & systemic / adviser censured & ordered to pay $5000 penalty.
Sanctions decision / rubber stamping / failure to have written agreement / adviser did not personally engage with complainant / adviser failed to exercise due diligence & care / incorrect information provided to INZ as to complainant’s work experience / almost $65,000 claimed in compensation / Immigration Advisers Licensing Act 2007, s50, s51 / no remorse, no apology & no apparent learning from wrongdoing by adviser / offloading client engagement to unlicensed person a serious breach / adviser a completely silent partner in relationship / filing incorrect information without checking it led to INZ’s adverse finding / adviser not to blame for INZ’s unjustified character finding / multiple breaches of Code / not the most serious form of rubber stamping / losses claimed did not arise from adviser’s professional violations / complainant suffered distress / adviser directed to complete further training / adviser censured & ordered to pay 2,500 financial penalty & $2,000 in emotional compens…
Sanctions decision / rubber stamping / failure to enter into written agreement / adviser gave complainant’s application to unlicensed person to file with INZ /application not filed / failure to personally file application breached obligation to be professional, diligent & exercise due care / Immigration Advisers Licensing Act 2007, s50, s51 / adviser abandoned complainant & application to unlicensed person which amounted to serious misconduct / adviser committed multiple errors / adviser’s first appearance before Tribunal / adviser admitted wrongdoing & refunded fees charged to complainant / adviser ordered to complete training & prevented from reapplying for licence until this is completed / adviser censured & ordered to pay $2,000 penalty
Sanctions decision / negligence / adviser did not make discretionary visa application until one year after being instructed / complainant in New Zealand unlawfully / no justifiable reason for delay / adviser did not advise complainant in writing that application had little chance of success / conduct neither professional, diligent or timely / Immigration Advisers Licensing Act 2007, s50, s51 / delay extraordinary & inexplicable / time of the essence given complainant’s unlawful status / adviser’s first appearance before Tribunal / adviser admitted wrongdoing / no evidence of actual prejudice to complainant / adviser cautioned & ordered to pay $1000 refund of fees to complainant
Negligence / dishonest or misleading conduct / failure to correctly advise client of eligibility for citizenship & provide proper documentation / adviser undertook to seek visitor visa and citizenship for complainant / no work done towards citizenship application & no documents on file despite charging fee / visitor visa declined / complainant not informed visa declined or that he was ineligible for citizenship / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl19, cl26, cl27 / adviser’s unexplained lack of proper file documentation, failure to advise complainant of eligibility & acceptance of fee dishonest / adviser failed to produce full file, provide full description of services & confirm oral advice in writing / adviser negligently failed to return family’s original documents to complainant / failure to respond to INZ’s letter of concern & inform complainant visa declined unprofessional / complaint upheld.
Negligence / dishonest or misleading conduct / failure to correctly advise client of eligibility for citizenship & provide proper documentation / adviser undertook to seek visitor visa and citizenship for complainant / no work done towards citizenship application & no documents on file despite charging fee / visitor visa declined / complainant not informed visa declined or that he was ineligible for citizenship / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl19, cl26, cl27 / adviser’s unexplained lack of proper file documentation, failure to advise complainant of eligibility & acceptance of fee dishonest / adviser failed to produce full file, provide full description of services & confirm oral advice in writing / adviser negligently failed to return family’s original documents to complainant / complaint upheld.
Negligence / numerous professional failures regarding multiple visa applications / failure to keep proper record of communications / failure to disclose conflict of interest / adviser did not inform complainant visas were declined / adviser continued to seek further documents after application declined / adviser received commissions from complainant’s son’s schools / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl5, cl6, cl9, cl18, cl22, cl26 / adviser required to disclose conflict of interest in writing & obtain written consent from complainant / application unsuccessful but not hopeless / failure to have written agreement a serious breach / adviser required to send an invoice & keep proper records / adviser misled complainant by continuing to seek further documents / failure to advise outcome could have serious consequences for client / advisor’s professional obligations not reduced due to personal relationship with client / complaint upheld.
Dishonest or misleading conduct / lack of diligence & due care / complainant married husband twice, once in Samoa & again in New Zealand / adviser advised complainant to conceal Samoan marriage in application / adviser as JP certified police certificate before sighting it, then presented to INZ / adviser filed applications without necessary documents / Immigration Advisers Licensing Act 2007, s50, s51 / concealing marriage serious misconduct but not most egregious seen by tribunal / marriage genuine / no exploitation of vulnerable client / adviser perpetuating lies previously told by clients / adviser not driven by personal gain / certifying document of lesser gravity / document genuine / obligations concerning documents & file management not minor / adviser’s rehabilitation & personal circumstances favoured temporary removal / adviser censured, directed to take refresher course & suspended for 6 months / adviser ordered to pay $2,500 penalty & $7,465 refund of fees to complainant.
Rubber stamping / allowing unlicensed persons to provide immigration advice / adviser took over arrangement with offshore company to provide immigration services to Filipino workers / clients entered agreement with company which adviser did not sign / staff prepared, reviewed & compiled applications / staff assisted clients with applications & clients’ communications with staff not adviser / adviser had no contact with clients but for one initial Skype interview / previous complaint upheld regarding same arrangement / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl3c, cl18c / adviser operating system which encouraged clients to deal with unlicensed persons / adviser failed to engage with clients / not enough for adviser to inform clients about role & obligations, adviser must actually fulfil them / work carried out by staff amounted to immigration advice / adviser did not sign agreements & template agreements did not comply with code / complaint upheld.
Rubber stamping / negligence / failure to have written agreement & complete file / residence application / adviser contractor for migration company operated by unlicensed person / adviser gave complainant’s file to unlicensed person to file with INZ / unlicensed person did not file application / adviser advised complainant application had been filed when it had not / Immigration Advisers Licensing Act 2007, s 442 / Code of Conduct 2014, cl1, cl2e, cl3c / cl18a / cl26 / cl28c / adviser’s responsibility to explain role & professional obligations to complainant compared to limited role of unlicensed person / failure to personally file application breached obligation to be professional, diligent & exercise due care / adviser failed to carry out complainant’s instructions / filing application not ‘clerical work’ / unlawful delegation intended by adviser but did not occur so no breach of cl3c / adviser’s professional obligation to complainant not company / complaint upheld.
Negligence / discretionary visa application under s61 / complainant in New Zealand unlawfully / complainant tried numerous times to contact adviser for update on application but received no reply / complainant did not provide necessary documents / adviser did not make application until one year after being instructed / adviser sent application to Minister instead of INZ / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl9 / adviser made no real effort to remind complainant to produce documents / complainant at risk of being deported & delay risked prejudicing any chance of him succeeding with application / no justifiable reason for delay / conduct neither professional, diligent or timely / sending request to Minister not negligent or unprofessional / delegation not exclusive / request had little chance of success & adviser should have advised complainant of this in writing / complaint upheld.
Negligence / unsuccessful residence visa application / adviser miscalculated appeal period & appeal dismissed for being out of time based on out of date IPT guide / complainant arranged meeting with Citizens Advice Bureau & requested file / adviser provided key documents / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl26f / whether mistake could be made by competent, reasonable, prudent & diligent practitioner / mistake amounted to failure to exercise due diligence & care / isolated incident can still amount to a breach / reasonable for adviser to only provide key documents rather than full file given situation / carelessness or negligence not minor / prudent adviser would not have relied on hard copy IPT guide / correct period set out in INZ decision letter / prudent adviser would have consulted IPT website / complaint upheld.
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.
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.