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786 items matching your search terms

  1. [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
  2. [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
  3. [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
  4. [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
  5. [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
  6. [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
  7. [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
  8. [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
  9. [2022] NZIACDT 2 - TC v Registrar (11 February 2022) [PDF, 198 KB]

    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
  10. [2022] NZIACDT 3 - IL v Khetarpal (10 February 2022) [PDF, 140 KB]

    Due care / adviser failed to inform client salary did not meet immigration instructions, and filed son’s application under wrong visa category / failed to disclose she was providing advice pursuant to interim order of District Court as required / failed to inform client of and obtain instructions on INZ letter / also failed to provide client with written agreement & client file to IAA / Immigration Advisers Licensing Act 2007, s442, s Code of Conduct 2014, cl1, cl2e, cl3a, cl18a, cl26e / adviser did not contest allegations / breach of cl1 in not advising income did not meet instructions & making visa application under wrong category  / breach of cl3a in not disclosing she was providing advice pursuant to interim order, in breach of District Court order / failure to take instructions a technical breach of cl2e, but not material as no allegation that reply was inadequate / breach of cl18a & cl26e in not providing written agreement to client & client file to IAA / complaint upheld
  11. [2022] NZIACDT 1 - ZI v Wan (19 January 2022) [PDF, 208 KB]

    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
  12. [2021] NZIACDT 26 - RH v Ji - Sanctions (23 December 2021) [PDF, 277 KB]

    Sanctions / dishonest behaviour / deliberately misled INZ and IAA / conflict of interest / numerous breaches of obligations / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl5, cl7a, cl17a, cl17b, cl17c, cl18b, cl19l, cl22, cl31a / adviser did not engage with Tribunal until sanctions stage / found to have notice of proceedings / did not accept more serious findings / explanation that behaviour not dishonest, rejected / three previous disciplinary findings, including dishonesty / adviser censured / has not learned from prior appearances, not worthwhile to order training / prevented from reapplying for licence for maximum two years / prevention is sanction of last resort, consumers protection required / supervision not adequate / ordered to refund $1,000 fees / compensation must arise from misconduct / ordered to compensate $1,000 for stress / compensation for complainant’s labour compiling complaint, declined / ordered to pay $5,000 financial penalty
  13. [2021] NZIACDT 25 – RH v Ji (8 November 2021) [PDF, 211 KB]

    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…
  14. [2021] NZIACDT 24 - HT v Shaikh – Sanctions (7 October 2021) [PDF, 195 KB]

    Sanctions / failure to be professional, diligent and exercise due care / application not made on time due to absence of supporting document / adviser not aware document was returned by complainant before application deadline / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1 / first complaint against adviser / consequences serious as complainant became unlawful, but unknown whether application would have been successful & of any further consequences / adviser cautioned / no public interest in punitive sanction / no financial penalty ordered
  15. [2021] NZIACDT 23 - CL v Khetarpal (24 September 2021) [PDF, 228 KB]

    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
  16. [2021] NZIACDT 22 – TC v Registrar of Immigration Advisers (3 September 2021) [PDF, 141 KB]

    Negligence / appeal against Registrar rejecting complaint / adviser in error in advising that residence application could be made offshore / corrected error before application deadline ended but complainant already departed NZ / adviser failed to satisfactorily apologise / Registrar rejected complaint on basis it disclosed trivial or inconsequential matters / Immigration Advisers Licensing Act 2007, s 442, s451, s54 / Code of Conduct 2014, cl 1 / not accepted error caused loss of the chance of residence / adviser discovered mistake after appellant left NZ but before his planned resignation from employment / appellant could have returned to NZ / Registrar has discretion in deciding to pursue complaints / disciplinary threshold not reached / adviser eventually gave correct advice before it was too late, and refunded fee and other costs / failure to satisfactorily apologise thoughtless rather than deliberate, could not justify formal disciplinary process / appeal rejected.
  17. [2021] NZIACDT 21 - BU v Registrar (27 August 2021) [PDF, 113 KB]

    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.
  18. [2021] NZIACDT 20 – HT v Shaikh (27 August 2021) [PDF, 235 KB]

    Unprofessional / failure to be professional, diligent and exercise due care / adviser reviewed documents on the evening before visa application deadline & noticed issue / failed to check whether client returned document that evening / failure to refund INZ application fee / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / adviser knew client’s situation urgent / left document review too late / did not check for client’s response with client or employee / immaterial adviser very busy / threshold for adverse disciplinary finding met / breach of cl1 / multiple failures / adviser responded professionally to errors / failure to refund application fee does not meet disciplinary threshold / client did not ask for refund before complaint / refund made / complaint upheld
  19. [2021] NZIACDT 19 ZK v Registrar (20 August 2021) [PDF, 250 KB]

    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
  20. [2021] NZIACDT 18 - CL v Khetarpal (10 August 2021) [PDF, 242 KB]

    Dishonest and misleading behaviour / adviser provided dishonest and misleading information to the complainant & INZ / numerous breaches of professional obligations / Immigration Advisers Licensing Act 2007, s442, s451 / Code of Conduct 2014, cl1, cl2e, cl8c, cl18a, cl22, cl26a, cl26b, cl26e, cl26f, cl28a, cl28b / adviser refused to engage with disciplinary process / uncontested evidence / did not respond to INZ or provide documents / dishonestly reported to complainant & concealed decline decision / prepared statutory declaration & mistranslated the contents / applied for s61 visa without instructions & Ministerial intervention after retainer terminated, both supported by false declaration / failed to provide written agreement and invoice / failed to confirm termination in writing / did not explain adviser held a provisional licence / failed to provide client file to new solicitor / failed to send file to IAA & maintain complete file / complaint upheld
  21. [2021] NZIACDT 17 - TI v Malcolm (20 July 2021) [PDF, 199 KB]

    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
  22. [2021] NZIACDT 16 - EM v Yong (13 July 2021) [PDF, 111 KB]

    Sanctions / rubber stamping / adviser failed to engage with complainant & left communications to unqualified staff / rubber stamping intentional, but not a knowing breach of the Code / wrongly thought practice permitted, as in Australia / Immigration Advisers Licensing Act 2007, s3, s50, s51 / lower end of rubber stamping spectrum / first appearance before Tribunal / adviser admitted breaches, cooperated, refunded 30 per cent of fee, changed practices & completed refresher course / full refund of fee not required as not shown adviser’s wrongdoing caused any loss / adviser censured / adviser directed to refund 50 per cent of fee / adviser ordered to pay $1,000 financial penalty
  23. [2021] NZACDT 14 - YC v Wan (29 June 2021) [PDF, 133 KB]

    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
  24. [2021] NZACDT 15 - YC v Han (29 June 2021) [PDF, 99 KB]

    Sanctions decision / failure to ensure client agreement contained provisional licence holder details / failure to update client / Immigration Advisers Licensing Act 2007, s3, s50, s51 / first appearance before Tribunal / provisional licence holder at time of misconduct / accepted wrongdoing, improved business process / provisional licence holder obligated to ensure written agreement covers them and their work, but not as serious as no written agreement at all / adviser cautioned / adviser ordered to pay $500 financial penalty
  25. [2021] NZIACDT 13 - TI v Malcolm (8 June 2021) [PDF, 220 KB]

    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