Ministry of Justice

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.

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.

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 / 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 / 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.

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 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

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 / 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.

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.

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.

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.

Sanctions decision / dishonest & misleading behaviour / adviser’s licence suspended / adviser initially suggested seeking special direction / adviser provided falsified emails from Associate Minister’s office / adviser believed special direction would not be successful & never made request / Immigration Advisers Licensing Act 2007, s50, s51 / misconduct serious but an isolated incident / no systemic dishonesty / adviser did not benefit from fraud / no prejudice to complainant as likelihood of success negligible / adviser immediately admitted wrongdoing, made an early apology & advised complainant of complaint process / adviser refunded fee & reimbursed legal expenses / cancellation sanction of last resort / no risk to public of repeat of misconduct / dishonesty at lower end of spectrum / adviser censured, suspended for 9 months & ordered to pay $6,500 penalty.