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Search results

816 items matching your search terms

  1. TG v Ma [2025] NZIACDT 27 (27 May 2025) [PDF, 332 KB]

    Professional responsibilities and professional practice / adviser deliberately and dishonestly failed to disclose role in two visa applications, but sought to ensure communications were directed to her / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 cl5, cl7, cl14, cl18a, cl20a, cl22, cl26c, cl26d / adviser sought to hide involvement in visa applications from INZ due to conflict of interest / deliberately and dishonestly provided false email address for applicants / untruthfully represented existence of two jobs with husband’s company which ultimately formed basis for grant of visa / absence of written services agreements / no provision of evidence of being licensed / failed to provide opportunity to review applications / failed to disclose conflict in writing / no record of written advice / no well-managed filing system / no provision of invoices / withheld services for failure to pay / excessive fees / complaint partially upheld / sanctions to follow
  2. [2025] NZIACDT 26 - KA v Wen (26 April 2025) [PDF, 218 KB]

    Sanctions / adviser committed 12 breaches of 11 professional obligations / client the victim of immigration fraud / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl17a, cl17b, cl17c, cl18a, cl18b, cl26aiii, cl26d, cla2b / HELD / Tribunal denounces failure to directly engage with client (‘rubber stamping’), alongside failure to have written service agreement signed by client / three complaints upheld against adviser, treated as third appearance / totality of sanctions considered / Tribunal acknowledges adviser was inexperienced, only holding provisional licence at time of breaches / upper end of moderate gravity of wrongdoing / adviser offered no apology, though acknowledges significance of wrongdoing and has implemented practices to prevent repeat and regularly undertakes professional development / further training unnecessary / adviser censured / compensation not sought / adviser ordered to pay $4,000 financial penalty
  3. [2025] NZIACDT 24 - INZ v Ma (31 March 2025) [PDF, 131 KB]

    Sanctions / adviser failed to directly engage with client (‘rubber stamping’) or disclose conflict of interest in writing / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl5, cl7, cl14, cl18a, cl26aiii, cl26b, cl26d, cl31a / eight breaches of 10 obligations under Code / direct engagement a fundamental obligation of advisers, failure enabled immigration fraud to occur / failure to use services agreement major departure from expect standards / inadequate written disclosure of conflict of interest serious breach / gravity of wrongdoing at high end of moderate / third appearance before Tribunal / adviser expressed sorry for misconduct but no apology offered / pattern of breaching fundamental professional obligations / adviser censured / need to undertake training reiterated and ordered further / cancellation not warranted in circumstances / suspension ordered pending retraining / ordered to pay $7,000 financial penalty / compensation not sought
  4. [2025] NZIACDT 23 – JY v Wen (25 March 2025) [PDF, 216 KB]

    Sanctions / adviser breached nine professional obligations / client wound up as a victim of immigration fraud  / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl14, cl17a, cl17c cl18a, cl18b, cl20a, cl22 and cl26b / HELD / Tribunal denounces failure to have written agreement before undertaking work, along with excessive fee and numerous other breaches of Code / three complaints upheld against adviser, treated as first appearance / Tribunal accepts adviser was inexperienced, only holding provisional licence at time of breaches / moderate gravity of wrongdoing / adviser offered no apology, though acknowledges significance of wrongdoing and has taken comprehensive steps to prevent repeat / adviser has implemented practices to prevent repeat and regularly undertakes professional development / further training unnecessary / adviser censured / compensation not sought / adviser ordered to pay $3,000 financial penalty
  5. [2025] NZIACDT 22 – ZZ v Wen (25 March 2025) [PDF, 214 KB]

    Sanctions / adviser breached six professional obligations / had no contact with complainant / permitted unlicensed agent to perform work required to be undertaken by the licensed adviser / client wound up as a victim of immigration fraud / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl18b, cl26b / HELD / Tribunal denounces failure to directly engage with client, alongside failure to have written service agreement / three complaints upheld against adviser, treated as second appearance / Tribunal accepts adviser was inexperienced, only holding provisional licence at time of breaches / gravity of wrongdoing at high end of moderate / adviser offered no apology, though acknowledges significance of wrongdoing and has taken comprehensive steps to prevent repeat / adviser has implemented practices to prevent repeat and regularly undertakes professional development / further training unnecessary / adviser censured / compensation not soug…
  6. [2025] NZIACDT 21 – KA v Wen (5 March 2025) [PDF, 197 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl17a, cl17b, cl17c, cl18a, cl18b, cl26aiii, cl26b, cl26d / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by licensed adviser (‘rubber stamping’) / breaches of cl1, cl2e / failed to provide evidence of being licensed / breach of cl14 / failed to provide professional standards and complaints procedure / breaches of cl17a, cl17b, cl17c / failed to provide copy of visa application prior to lodgement / breach of cl1 / failed to provide service agreement, major departure from expected standard: Tian v TA [2024] NZDC 2759 / breach of cl18a / failure to maintain and provide complete file / breach of cl26aiii / filing system not well-managed / breach of cl26d / failed to advise of lodgement of application / breach of cl26b / no evidence of dishonesty / alternative charges of negligence dismissed / complaint partially upheld / sanctions to follow
  7. [2025] NZIACDT 20 – EI v Liu (3 March 2025) [PDF, 119 KB]

    Sanctions / adviser failed to directly communicate or engage with client (‘rubber stamping’), breaching seven professional obligations / client wound up as a victim of immigration fraud / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22, cl26aiii, cl26b / eight identical complaints against adviser / direct engagement a fundamental obligation of advisers, failure enabled immigration fraud to occur / serious consequences for client / gravity of wrongdoing at high end of moderate / limited remorse and contrition / no apology offered / lack of direct engagement warrants degree of responsibility for complainant's financial losses / adviser censured / further training unnecessary as adviser has implemented practices to prevent repeat / ordered to pay $3,000 financial penalty / compensation of $1,700 and $800 refund to complainant as a modest contribution towards loss and wasted expense
  8. [2025] NZIACDT 19 – DH v Liu (28 February 2025) [PDF, 214 KB]

    Sanctions / adviser failed to directly communicate or engage with client, breaching seven professional obligations / client wound up as a victim of immigration fraud  / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22, cl26aiii, cl26b/ HELD / eight identical complaints against adviser an aggravating factor / direct engagement a fundamental obligation of advisers, failure enabled immigration fraud to occur / serious consequences for client / failure to have written services agreement with client a major departure from expected standards / gravity of wrongdoing at high end of moderate / limited remorse / adviser censured and Tribunal denounces breaches of Code / further training unnecessary as adviser has implemented practices to prevent repeat / ordered to pay $4,000 financial penalty
  9. [2025] NZIACDT 18 – YI v Liu (27 February 2025) [PDF, 215 KB]

    Sanctions / adviser failed to directly communicate or engage with client, breaching seven professional obligations / client wound up as a victim of immigration fraud  / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22, cl26aiii, cl26b / HELD / eight identical complaints against adviser / direct engagement a fundamental obligation of advisers, failure enabled immigration fraud to occur / serious consequences for client / failure to have written services agreement with client a major departure from expected standards / gravity of wrongdoing at high end of moderate / limited remorse / adviser censured and Tribunal denounces breaches of Code / further training unnecessary as adviser has implemented practices to prevent repeat / ordered to pay $4,000 financial penalty
  10. [2025] NZIACDT 17 – IX v Liu (26 February 2025) [PDF, 215 KB]

    Sanctions / adviser failed to directly communicate or engage with client (‘rubber stamping’), breaching six professional obligations / client wound up as a victim of immigration fraud / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22, cl26b / eight identical complaints against adviser / direct engagement a fundamental obligation of advisers, failure enabled immigration fraud to occur / serious consequences for client / gravity of wrongdoing at high end of moderate / limited remorse / adviser censured / Tribunal denounces breaches of Code / further training unnecessary as adviser has implemented practices to prevent repeat / ordered to pay $4,000 financial penalty
  11. [2025] NZIACDT 16 – TX v Liu (26 February 2025) [PDF, 214 KB]

    Sanctions / adviser failed to directly communicate or engage with client, breaching six professional obligations / client wound up as a victim of immigration fraud  / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22, cl26b/ HELD / eight identical complaints against adviser an aggravating factor / direct engagement a fundamental obligation of advisers, failure enabled immigration fraud to occur / serious consequences for client / failure to have written services agreement with client a major departure from expected standards / gravity of wrongdoing at high end of moderate / limited remorse / adviser censured and Tribunal denounces breaches of Code / further training unnecessary as adviser has implemented practices to prevent repeat / ordered to pay $4,000 financial penalty
  12. [2025] NZIACDT 15 – ZJ v Liu (26 February 2025) [PDF, 216 KB]

    Sanctions / adviser failed to directly communicate or engage with client, breaching six professional obligations / client wound up as a victim of immigration fraud  / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22, cl26b/ HELD / eight identical complaints against adviser an aggravating factor / direct engagement a fundamental obligation of advisers, failure enabled immigration fraud to occur / serious consequences for client / failure to have written services agreement with client a major departure from expected standards / gravity of wrongdoing at high end of moderate / limited remorse / adviser censured and Tribunal denounces breaches of Code / further training unnecessary as adviser has implemented practices to prevent repeat / ordered to pay $4,000 financial penalty
  13. [2025] NZIACDT 14 - INZ v Ma (19 February 2025) [PDF, 248 KB]

    Professional responsibilities and professional practice / rubber stamping / adviser failed to directly engage with client or disclose conflict of interest in writing / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl5, cl7, cl14, cl18a, cl26aiii, cl26b, cl26d, cl31a / adviser doubted client personally signed documents, not professional or diligent to submit them to INZ without checking / failed to communicate directly with client, including providing a written services agreement, evidence of licence, visa application lodgement, or ongoing updates / rubber stamping / required to personally engage with client / inadequate written disclosure of conflict of interest about adviser’s husband offering employment / general broad disclosure insufficient, must specify nature of conflict / failed to maintain copies of communications with agent / complaint partially upheld
  14. [2025] NZIACDT 13 – HG v Liu (18 February 2025) [PDF, 108 KB]

    Sanctions / adviser failed to directly communicate or engage with client, breaching six professional obligations / client wound up as a victim of immigration fraud / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl 22, cl26b / HELD / eight identical complaints against adviser / second appearance before Tribunal / direct engagement a fundamental obligation of advisers, failure enabled immigration fraud to occur / serious consequences for client / failure to have written services agreement with client a major departure from expected standards / gravity of wrongdoing at high end of moderate / no real remorse / adviser censured and Tribunal denounces breaches of Code / further training unnecessary as adviser has implemented practices to prevent repeat / ordered to pay $5,000 financial penalty
  15. [2025] NZIACDT 12 - XI v Liu (18 February 2025) [PDF, 208 KB]

    Sanctions / adviser failed to directly communicate or engage with client, breaching seven professional obligations / client wound up as a victim of immigration fraud  / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22, cl26aiii, cl26b / HELD / eight identical complaints against adviser / first appearance before Tribunal / direct engagement a fundamental obligation of advisers, failure enabled immigration fraud to occur / serious consequences for client / failure to have written services agreement with client a major departure from expected standards / gravity of wrongdoing at high end of moderate / no real remorse / adviser censured and Tribunal denounces breaches of Code / further training unnecessary as adviser has implemented practices to prevent repeat / ordered to pay $4,000 financial penalty
  16. [2025] NZIACDT 10 – INZ v Li (14 February 2025) [PDF, 203 KB]

    Sanctions / adviser failed to directly communicate or engage with client, breaching nine professional obligations / client wound up as a victim of immigration fraud  / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2a, cl2e, cl4a, cl8a, cl14, cl18b, cl26b, cl31a / HELD / two identical complaints against adviser / first appearance before Tribunal / serious consequences for client / wrongdoing at higher end of moderate in terms of gravity / adviser readily acknowledged wrongdoing and shows genuine remorse / adviser censured and Tribunal denounces lack of direct communication / further training unnecessary as adviser understands obligation to communicate directly with clients / ordered to pay $4,000 financial penalty  
  17. [2025] NZIACDT 11 - INZ v Li (14 February 2025) [PDF, 202 KB]

    Sanctions / adviser failed to directly communicate or engage with client, breaching nine professional obligations / client wound up as a victim of immigration fraud  / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2a, cl2e, cl4a, cl8a, cl14, cl18b, cl 26b, cl31a / HELD / two identical complaints against adviser / in essence, second appearance before Tribunal / serious consequences for client / wrongdoing at higher end of moderate in terms of gravity / adviser readily acknowledged wrongdoing and shows genuine remorse / adviser censured and Tribunal denounces lack of direct communication / further training unnecessary as adviser understands obligation to communicate directly with clients / ordered to pay $5,000 financial penalty
  18. [2025] NZIACDT 09 – ZZ v Wen (10 February 2025) [PDF, 247 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl18b, cl22 and cl26b / HELD / adviser permitted anonymous unlicensed agent to perform work required to be undertaken by licensed adviser (‘rubber stamping’) / breach of cl2e / provided written agreement to Authority / unaware that complainant had not personally signed supporting document / however, failed to provide opportunity to review application / partial breach of cl1 / late provision of evidence of licence insufficient / breach of cl14 / failed to provide written agreement / breach of cl18a / failed to all explain significant matters / breach of cl18b / no relevant written communications / no breach of cl26iii / failure to provide on-going timely updates / breach of cl26b / obligation to confirm in writing material discussions did not arise / no breach of cl26c / alternative charges of negligence dismissed / complaint partially upheld / sanctions to follow
  19. [2025] NZIACDT 08 – JY v Wen (7 February 2025) [PDF, 175 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl14, cl17a, cl17c cl18a, cl18b, cl20a, cl22 and cl26b / HELD / adviser failed to send draft visa application prior to filing / complainant’s inexperience with English does not justify lack of verification / however, provided adequate information regarding visa category / partial breach of cl1 / did not provide services agreement until after visa approved / significant matters not explained / breaches of cl18a and cl18b / failed to provide timely invoice for services / failed to provide invoice for alleged resettlement purposes / breach of cl22 / fees charged not fair or reasonable / breach of cl20a / failed to provide evidence of licence and advise of responsibilities and complaints procedure / breaches of cl14, cl17a and cl17c / failed to advise of issues raised by INZ / breach of cl26b / alternative charges of negligence dismissed / complaint partially upheld / sanctions to follow
  20. [2025] NZIACDT 07 - INZ v Tran (22 January 2025) [PDF, 196 KB]

    Sanctions / adviser permitted unlicensed agent to perform work required to be undertaken by the licensed adviser / four heads of complaint involving seven breaches of Code / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl17a, cl17b, cl17c, cl18c / HELD / breaches of fundamental obligations to personally contract with and engage with visa applicant / adviser contributed to creating an environment for fraud to be perpetrated / moderate gravity of misconduct / first appearance before Tribunal / adviser expressed remorse albeit did not accept more serious breaches in explanation to Authority and made no submission to Tribunal prior to decision / offered no apology for more serious conduct, only certain failings / contrition not fulsome / breaches of core obligations warrant censure / adviser surrendered license / further training not required / refund or compensation not sought / adviser censured / ordered to pay $4,000 financial penalty
  21. [2025] NZIACDT 05 – YI v Liu (14 January 2025) [PDF, 160 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22, cl26aiii and cl26b / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by licensed adviser (‘rubber stamping’) / fundamental obligation to engage directly and personally / breach of cl2e / no services agreement / breach of cl18a / failed to provide evidence of licence / breach of cl14 / failed to provide client opportunity to review INZ application / breach of cl1 / declaration to INZ concerning advice “for” client not false or misleading / no breach of cl1 or cl31a / failed to personally confirm application lodged and provide timely updates / breach of cl26b / failed to provide complete record of communications / breach of cl26aiii / failed to issue invoice / breach of cl22 / retention of invoice not in issue / no breach of cl26aiv / alternative charge of negligence dismissed / complaint partially upheld / sanctions to follow
  22. [2025] NZIACDT 06 – DH v Liu (14 January 2025) [PDF, 252 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22, cl26aiii and cl26b / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by licensed adviser (‘rubber stamping’) / fundamental obligation to engage directly and personally / breach of cl2e / no services agreement / breach of cl18a / failed to provide evidence of licence / breach of cl14 / failed to provide client opportunity to review INZ application / breach of cl1 / declaration to INZ concerning advice “for” client not false or misleading / no breach of cl1 or cl31a / failed to personally confirm application lodged and provide timely updates / breach of cl26b / failed to provide complete record of communications / breach of cl26aiii / failed to issue invoice / breach of cl22 / retention of invoice not in issue / no breach of cl26aiv / alternative charge of negligence dismissed / complaint partially upheld / sanctions to follow
  23. [2025] NZIACDT 04 EI v Liu (14 January 2025) [PDF, 243 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22, cl26aiii and cl26b / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by licensed adviser (‘rubber stamping’) / fundamental obligation to engage directly and personally / breach of cl2e / no services agreement / breach of cl18a / failed to provide evidence of licence / breach of cl14 / failed to provide client opportunity to review INZ application / breach of cl1 / declaration to INZ concerning advice “for” client not false or misleading / no breach of cl1 or cl31a / failed to personally confirm application lodged and provide timely updates / breach of cl26b / failed to provide complete record of communications / breach of cl26aiii / failed to issue invoice / breach of cl22 / retention of invoice not in issue / no breach of cl26aiv / alternative charge of negligence dismissed / complaint partially upheld / sanctions to follow
  24. [2025] NZIACDT 03 IX v Liu (14 January 2025) [PDF, 240 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22 and cl26b / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by the licensed adviser (‘rubber stamping’) / fundamental obligation to engage directly and personally / breach of cl2e / no services agreement between adviser and complainant / breach of cl18a / failed to provide evidence of being licensed / breach of cl14 / failed to provide client opportunity to review INZ application / breach of cl1 / declaration to INZ concerning advice “for” client not false or misleading / no breach of cl1 or cl31a / failed to personally confirm application lodged and provide timely updates / breach of cl26b / failed to issue invoice / breach of cl22 / retention of invoice not in issue / no breach of cl26aiv / alternative charge of negligence dismissed / complaint partially upheld / sanctions to follow
  25. [2025] NZIACDT 01 – ZJ v Liu (13 January 2025) [PDF, 158 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl22 and cl26b / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by the licensed adviser (‘rubber stamping’) / fundamental obligation to engage directly and personally / breach of cl2e / no services agreement between adviser and complainant / breach of cl18a / failed to provide evidence of being licensed / breach of cl14 / failed to provide client opportunity to review INZ application / breach of cl1 / declaration to INZ concerning advice “for” client not false or misleading / no breach of cl1 or cl31a / failed to personally confirm application lodged and provide timely updates / breach of cl26b / failed to issue invoice / breach of cl22 / retention of invoice not in issue / no breach of cl26aiv / alternative charge of negligence dismissed / complaint partially upheld / sanctions to follow