Ministry of Justice

Appeal against registrar’s decision to reject complaint about fees / whether a dispute about fees justifies disciplinary proceedings / appellant unable to proceed with residence application and terminated agreement with adviser / adviser did not have to complete all contracted work / dispute about level of refund offered by adviser / Immigration Advisers Licensing Act 2007, s442, s54 / terms of engagement unclear / refund policy not compliant with Code / starting point as to fair refund is contractual fee agreed / dispute a contractual dispute not a disciplinary matter / not role of disciplinary processes to reconcile inconsistent contractual provisions / dispute could be resolved by the Disputes Tribunal / not clear fee charged not fair and reasonable / dispute did not cross threshold justifying disciplinary action / appeal rejected.

Dishonest or misleading conduct / acting unprofessionally / visitor visa declined because INZ not satisfied complainant a genuine visitor / adviser told complainant visa declined due to changes in rules & regulations / complainant received NZQA evaluation & job offer through adviser’s recruitment agency / adviser filed work visa application / adviser advised INZ that complainant did not receive NZQA evaluation / application withdrawn / complainant lodged a complaint & adviser offered to refund complainant’s money if he withdrew it / Code of Conduct 2014, cl1, cl3c, cl29d, 31a / Immigration Advisers Licensing Act 2007, s442 / not material that grounds of complaint not raised by complainant / adviser’s decision to withhold NZQA assessment from INZ deliberate & misleading / advice to complainant dishonest / offer of refund for withdrawal of complaint unprofessional / complaint upheld.

Failure to inform complainant in timely manner invitation for residence application issued / failure to submit residence application before invitation expired  / negligence / failure to provide complainant with written agreement / residence visa application / adviser lodged expression of interest / INZ issued invitation to adviser but adviser did not contact complainant about it until 1 month before expiry / adviser  advised application would be delivered  but undertook no further work so application and invitation expired / Code of Conduct 2014, cl1, cl 18a / Immigration Advisers Licensing Act 2007, s442 / no denial of allegations by adviser / adviser negligent / conduct fell well below standard of reasonable care of competent and professional licensed adviser / adviser failed to provide written agreement / complaint upheld.

Dishonest and misleading behaviour / adviser’s licence suspended / complainant dyslexic / adviser suggested seeking an exemption from IELTS requirement / complainant contacted adviser seeking update on request / adviser falsely advised he had made a submission but there were no updates / adviser suggested complainant make a partnership-based application instead / complainant preferred not to base application on relationship & asked for update on exemption request / adviser provided falsified emails form Associate Minister’s office saying special direction assessments were on hold / adviser believed special direction would not be successful and never made a request / Code of Conduct 2014, cl1/ Immigration Advisers Licensing Act 2007, s442 / adviser’s conduct self-evidently dishonest / adviser acknowledged behaviour was at upper end of spectrum / conduct not for financial advantage & modest fee/ limited prejudice to complainant / complaint upheld.

Sanctions decision / rubber stamping / failure to exercise diligence & due care / adviser filed invalid documents with INZ / applications filed online without giving clients opportunity to review information / breach of client confidentiality / staff communicated with clients en masse / bulk of communications with clients by unlicensed staff / Code of Conduct 2014, cl1, cl2e, cl4a, cl26c / Immigration Advisers Licensing Act 2007, s50, s51 / wrongdoing systemic - concerned seven clients & numerous visa applications / failure to personally engage with clients a serious breach / failure to acknowledge wrongdoing, express remorse or identify new practices to prevent repetition of misconduct / licence already removed for almost 2 years / further period of prohibition warranted / first appearance before Tribunal & no fraud or dishonesty / adviser prevented from reapplying for licence for 1 year & until completion of further training / adviser censured & ordered to pay $7000 penalty.

Providing false and misleading information to INZ and Authority / alleged adviser created false job for client to obtain residence and work visas / adviser accused of operating a paper company in IT industry which had no real employees or work / adviser also accused of falsely claiming a connection with a real IT company in UK / adviser denied allegations but offered no explanation or evidence in answer to them / Code of Conduct 2014, cl3c / Immigration Advisers Licensing Act 2007, s442 / adviser knowingly provided false information and evidence to INZ / adviser’s communications with INZ deceptive / adviser also provided false information to the Authority / complaint upheld.

Failure to exercise due diligence and care / negligence / unprofessional conduct / failure to confirm client’s visa history / client advised that he was always on essential skills visa when he was not / client did not hold essential skills work visa for required period / adviser told client that he did not comply with requirements / visa declined and client requested a refund / adviser offered refund if client withdrew complaint /Code of Conduct 2014, cl1 / Immigration Advisers Licensing Act 2007, s442 / adviser should have checked client’s visa history and not relied on client for information about immigration status / linking of refund to withdrawal of complaint unprofessional /client’s evidence unreliable / adviser’s mistakes did not cross disciplinary threshold / client used complaint process as leverage for refund / refund already achieved / complaint dismissed.

Rubber stamping / allowing unlicensed people to manage visa application process and unlawfully delegating personal obligations to them / failure to provide clients with written agreement / adviser engaged by offshore immigration consultancy which had been engaged by recruiting agency in another country / adviser’s fee paid by consultancy / adviser had no direct communication with clients / agreement signed by consultancy not clients / all clients’ dealings with unlicensed people / adviser mistakenly believed consultancy was his client / Code of Conduct 2014, cl1, cl2e, cl3c, cl17, cl18 / Immigration Advisers Licensing Act 2007, s442 / adviser had no contact with clients whatsoever & left  them to deal with unlicensed people whom he did not know / adviser admitted failure to engage with clients and having no written agreement / adviser did engage with file / quality of work not substandard & did not lack care /  complaint upheld.

Sanctions decision / failure to establish professional relationship with client / providing false information to INZ / dishonest & misleading conduct / adviser’s licence suspended / criminal convictions for exploiting unlawful employee / client had work visa for farm work but instead worked as a hairdresser at adviser’s salon / client not paid for work / adviser told INZ client was a volunteer & asked client to write a letter to INZ to that effect / INZ did not give permission for client to work at salon / Code of Conduct 2014, cl1, cl3c, cl18a, cl26b / Immigration Advisers Licensing Act 2007, s50, s51 / providing false information most serious complaint / adviser already punished by Court for criminal convictions / gravity of complaint warranted adviser being censured / not necessary to consider cancellation as adviser prohibited from holding licence due to convictions / adviser had low income and two children / adviser censured & ordered to pay penalty of $3,500.

Sanctions decision / rubber stamping / breach of professional obligations / permitting unlicensed staff to provide services of a licensed adviser / providing false documentation to INZ / adviser an employee of a company which contracted partner company to communicate with clients and obtain documents / adviser had no direct contact with clients / company filed false information without adviser’s knowledge / Code of Conduct 2014, cl1, cl2e, cl3c / Immigration Advisers Licensing Act 2007, s50 and s51 / adviser’s conduct amounted to serious misconduct / not an isolated incident / rubber stamping at upper end of spectrum / business structure  adviser operated under allowed clients to produce false documents to INZ / adviser admitted misconduct, educated himself about rubber stamping and assisted Authority with investigation / adviser censured and ordered to pay penalty of $7,000.

Suspension / notice of suspension of licence / dishonest or misleading behaviour / adviser admitted falsifying emails showing he had made a special direction request when he had not / Immigration Advisers Licensing Act 2007, s45, s53 / strong evidence of serious misconduct amounting to dishonest and misleading behaviour / necessary to suspend licence in interests of public and to protect reputation of profession / public confidence in profession and immigration system required suspension / licence suspended until Tribunal determines complaint.

Rubber stamping / breach of professional obligations & Immigration Advisers Licensing Act 2007 / failure to engage with client / allowing unlicensed staff to provide immigration services / adviser a contractor for overseas company / agreement with company whereby new clients would be referred to adviser / complainant had no contact with adviser / unlicensed staff met and advised complainant / complainant unsuccessful in obtaining job and sought refund of fees / adviser not aware of complainant until approached for refund / Code of Conduct 2014, cl1, cl2e, cl3c, cl24b, & cl24c / Immigration Advisers Licensing Act 2007, s442 / adviser cannot be responsible for conduct of complainant’s application if he did not know about it / refund not made promptly but complainant never adviser’s client /complaint dismissed.

Breach of professional obligations & Immigration Advisers Licensing Act 2007 / providing false and misleading information / expression of interest (EOI) for residence in skilled migrant category / EOI claimed incorrect number of points / complainant not eligible to claim points for skilled employment of 12 months or more / INZ provided with all relevant information / most of client engagement with unlicensed employees / delay in sending letter of concern to complainant / Immigration instructions, SM3.5 / Code of Conduct 2014, cl1, cl2e, cl3c, cl9a & cl9b / Immigration Advisers Licensing Act 2007, s44 / impermissible delegation of client engagement / failure to advise client in writing that application had little chance of success / failure to provide letter of concern to complainant / information provided not false or misleading as underlying information accurate / no intention to deceive / complaint upheld.