Ministry of Justice

Sanctions decision / failure to personally take responsibility for client engagement / filing expression of interest (EOI) for residence in skilled migrant category with little chance of success / EOI claimed incorrect number of points / INZ wrongly made adverse character finding / bulk of communications with unlicensed employee / letter of concern received from INZ not sent to client / Code of Conduct 2014, cl1, cl2e, cl9a, cl 9b / Immigration Advisers Licensing Act 2007, s50 & s51 / failure to engage directly with client serious but not at upper end / adviser had some contact with client & took personal responsibility for application / adviser not responsible for error by INZ / no compensation for expenses not arising from adviser’s wrongdoing / mental damages not a penalty in every case and declined / adviser censured & ordered to pay penalty of $2,500 & compensation of $3,000.

Breach of professional obligations and Immigration Advisers Licensing Act 2007 / dishonest or misleading conduct / renewal of work visa / adviser entered services agreement with employer not client / adviser misunderstood who client was / client’s file selected for review by Immigration Advisers Authority / adviser tried to get client to sign agreement but client did not do so / adviser inserted client’s undated signature onto client agreement and then signed agreement herself / adviser backdated own signature / Code of Conduct 2014, cl18a / Immigration Advisers Licensing Act 2007, s442 / adviser failed to enter written agreement with client / no defence that adviser misunderstood who client was / not dishonest or misleading to obtain signature after services performed but presentation of agreement to Authority was dishonest or misleading / complaint upheld.

Sanctions decision / rubber stamping / breach of professional obligations / allowing unlicensed individuals to provide services of licensed adviser / adviser employed by company which contracted partner company to communicate with clients / adviser did not engage with client / client’s communications with unlicensed employees / residence application declined / company delayed sending decline letter / date of decline letter altered / appeal out of time / client claimed compensation for wasted fees / Code of Conduct 2014, cl1, cl2e, cl3c / Immigration Advisers Licensing Act 2007, s50 & s51 / serious misconduct / rubber stamping at upper end of spectrum / adviser admitted misconduct & steps taken to avoid repeat of misconduct / award of compensation declined / client responsible for outcome of application not adviser / loss of opportunity to appeal not material to outcome / adviser censured & ordered to pay penalty of $3,000.

Sanctions decision / failure to properly document professional relationship / adviser knew complainant socially / no written agreement for immigration services / communications not formalised / Code of Conduct 2014, cl18a, cl22, cl25c, cl26a, cl26b, cl26c, cl26e / Immigration Advisers Licensing Act 2007, s50 and s51 / violations arose from one critical mistake – adviser failed to establish professional relationship with someone known socially / failure to put in place proper documentation / proper documentation cannot be dismissed as merely clerical or insignificant / adviser admitted wrongdoing and reviewed her practices / adviser understood her obligations / adviser cautioned and ordered to pay penalty of $1,000.

Sanctions decision / rubber stamping / failure to personally engage with client / adviser dealt with client through overseas consultancy / client dealt with employees of consultancy / adviser had no direct contact with client and permitted unlicensed people to provide immigration services / Code of Conduct 2014, cl1, cl2e, cl3c / Immigration Advisers Licensing Act 2007, s50 and s51 / degree of rubber stamping extreme / adviser prevented from reapplying for licence for two years and until she completes professional training / adviser censured and ordered to pay penalty of $3,500.

Sanctions decision / rubber stamping / delegation of client engagement to an unlicensed person / adviser dealt with clients through overseas consultancy / adviser had no direct engagement with clients and allowed unlicensed person to provide immigration advice / adviser treated employer as main client / Code of Conduct 2014, cl1, cl2e, cl3c, cl26b / Immigration Advisers Licensing Act 2007, s50 and s51 / professional violations serious / conduct an isolated incident - arose from one set of instructions and one critical mistake / adviser accepted misconduct and need for engagement / misconduct not deliberate or dishonest/ breaches arose from adviser’s misunderstanding as to who real clients were / adviser censured and ordered to pay penalty of $3000.

Breach of professional obligations & Immigration Advisers Licensing Act 2007 / exploitation of unlawful employee / dishonesty / client had work visa for farm work  but was instead worked for adviser’s husband as a hairdresser / client not paid for work / client not permitted to work / adviser told INZ client was a volunteer / adviser convicted of being a party to exploitation / Code of Conduct 2014, cl1, cl2e, cl3c, cl18a, cl26b/ Immigration Advisers Licensing Act 2007, s44 / adviser failed to establish professional relationship with client / adviser failed to inform  client he could not work / adviser’s conduct grossly unprofessional / insufficient evidence adviser was operating through husband on immigration matters / adviser’s behaviour false and misleading / convictions breach of Code but punitive sanction not considered due to punishment in criminal process / public interest sanction necessary as cannot regain licence / complaint upheld.

Breach of professional obligations and Immigration Advisers Licensing Act 2007 / providing misleading information / visitor visa application declined due to failure to declare previous exclusion from Australia / complainant assisted by an education agent / alleged agent was unlicensed subagent of adviser / in explaining earlier failure to declare, adviser sent letter to INZ  which made no mention of unlicensed advice / futile application / Code of Conduct 2014, cl1, cl9a, cl9b / Immigration Advisers Licensing Act 2007, s44 / no lack of due care / no evidence agent was a subagent of adviser / client aware of risk of failure / failure to obtain written acknowledgment of risks not sufficiently serious to meet threshold in this case / complaint dismissed.

Sanctions decision / entering further information after client signed blank application form / failure to provide full copy of files for inspection / adviser asked client to sign visa application form in blank / adviser completed form in client’s absence / failure of criminal prosecution / Code of Conduct 2014, cl3c / Immigration Advisers Licensing Act 2007, s50 and s51 / conduct serious / clients not vulnerable / appropriate to censure given seriousness of complaint / provision of false evidence aggravating factor / failure to attend Tribunal hearing/ licence cancelled / adviser prohibited from reapplying  for maximum period of 2 years / penalty of $6000

Rubber stamping / Breach of professional obligations and Immigration Advisers Licensing Act 2007 / delegating immigration work to unlicensed staff / adviser dealt with clients through overseas consultancy / adviser had no contact with clients / clients dealt with unlicensed staff member throughout / clients completed checklist / Code of Conduct 2014, cl1, cl2e, 3c, 18b, 19e and cl26b / Immigration Advisers Licensing Act 2007, s442 / adviser thought clients’ employer who paid his fee was his main client / adviser relied on unlicensed people to assist clients / immigration advice embraces all immigration work / inevitable staff member would give unlicensed advice / highly likely clients would ask questions and issues would arise / adviser unprofessional and failed to exercise care / failure to obtain clients’ informed instructions / complaint serious / clients denied protection of engaging with a qualified and knowledgeable person / complaint upheld.

Breach of professional obligations and Immigration Advisers Licensing Act 2007 / misleading employer / misrepresenting client / failing to exercise due care / work visa application / employer required someone with welding experience / adviser put forward candidate who had little welding experience / candidate a metal fabricator who voiced concern about job title but confirmed he had welding experience / candidate’s work visa application as a welder successful and he flew to New Zealand to commence employment / employer terminated candidate’s employment when it was found he did not have the required skills / Code of Conduct 2014, cl1, cl2a, and cl29d / Immigration Advisers Licensing Act 2007, s442 / adviser misunderstood distinction between welding and fabrication / no deliberate deception / adviser did not mislead employer or misrepresent client / adviser did not exercise due care / adviser should have better informed herself of distinction / complaint upheld for breach of cl 1 of code

Rubber stamping / breach of professional obligations and Immigration Advisers Licensing Act 2007 / permitting unlicensed staff to engage with client / filing false documents / false or misleading declaration on applications / work and residence visa applications / adviser signed applications stating he assisted and provided immigration advice / immigration advice provided through company / company contracted partner company to communicate with clients and obtain documents / company filed false information / visas declined / Code of Conduct 2014, cl1, cl2e, cl3c, cl 18a, cl31a / Immigration Advisers Licensing Act 2007, s442, s50 and s51 / no direct contact with clients / failure to obtain instructions / work of staff beyond clerical work / adviser not required to be party to client agreement or sign it / documents supplied false / adviser not professional or diligent / recording information on client’s form is providing assistance / no breach of adviser’s declaration / complaint upheld.

Rubber stamping / breach of professional obligations and Immigration Advisers Licensing Act 2007 / application for residence visa / adviser did not directly engage with client / adviser allowed unlicensed staff to do work of licensed adviser/ agreement between client and company / adviser an employee of company / all client’s communications with employees of another company in different countries / residence visa declined / adviser sent decline letter to employee / client’s IPT appeal out of time / date of INZ decline letter sent to client had been changed / Code of Conduct 2014, cl1, cl2e, cl3c, cl 18a / Immigration Advisers Licensing Act 2007, s442, s50 and s51 / work of employees fell within definition of immigration advice / adviser failed to directly obtain instructions from client / Code does not require adviser to be a party to the agreement or to sign it / Code only requires adviser to be named / complaint upheld.