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Search results

788 items matching your search terms

  1. Zhang & Cao v Chen [2019] NZIACDT 11 (1 March 2019) [PDF, 150 KB]

    Sanctions decision / incompetence / adviser failed to compile & file entrepreneur work & residence visa applications / complainants purchased motel but contract for sale lapsed / complainants provided business plan but plan never finalised / applications envisaged never made & complainants suffered significant loss / Immigration Advisers Licensing Act 2007, s50, s51 / censure & training justified by level of adviser’s incompetence / incompetence not sufficient to prevent re-licensing / no other instances of incompetence / adviser acknowledged wrongdoing & offered refund / adviser not primary or real cause of complainants’ losses / Parliament only intended modest awards of compensation / unreasonable for complainants to rely on adviser solely for investment advice / adviser censured, ordered to complete training, pay penalty of $3000 & $17,500 refund of fees, plus any interest earned on $17,500.
  2. Mhatre v Gokhale [2019] NZIACDT 10 (22 February 2019) [PDF, 107 KB]

    Sanctions decision / partnership based temporary visa application / adviser mistakenly lodged online application for another type of visa / paper application for correct visa type returned for being incomplete as missing supporting form signed by wife / adviser failed to provide written updates or keep written record / adviser had not kept copies of application on her file / Immigration Advisers Licensing Act 2007, s50, s51 / adviser’s violation at lower end of scale / error in selecting visa type simple mistake & did not amount to violation of standards / compensation for losses not attributable to adviser’s breaches / adviser cautioned.
  3. Singh v Golian [2019] NZIACDT 9 (19 February 2019) [PDF, 128 KB]

    Sanctions decision / failure to perform services with due care, diligence and professionalism / client’s work visa declined so client in New Zealand unlawfully / application for exception to immigration instructions under s61 / adviser recommended making formal complaint to INZ & appealing deportation on humanitarian grounds but both declined / adviser then advised client to lodge a request for student visa / Tribunal found adviser’s approach misguided & devoid of merit / strategy costly & compromised client’s prospects of success / Immigration Advisers Licensing Act 2007, s50, s51 / breach not an isolated error of judgement / adviser lacked sufficient knowledge & skill / financial penalty not necessary in public interest / fees paid & cost of appeal wasted / no compensation recoverable as living expenses & costs of another adviser did not flow from unprofessional advice / adviser ordered to complete training & refund fees of $2,900.
  5. D v I [2019] NZIACDT 7 (14 February 2019) [PDF, 100 KB]

    Negligence / incapacity / failure to have written agreement & notify fees / filing futile applications / adviser subject to many complaints which Tribunal upheld in interim decision / adviser lacked capacity to practice & defend complaint due to medical condition / adviser’s licence cancelled / Immigration Advisers Licensing Act 2007, s 442 / Code of Conduct 2010, cl1.5, cl8b / Code of Conduct 2014, cl1, cl9, cl18a, cl19f, cl29b / interim decision upholding complaint made final.
  6. DJ v Dua [2019] NZIACDT 6 (14 February 2019) [PDF, 216 KB]

    Negligence / graduate work visa / adviser advised client she could obtain work visa based on employment in takeaway shop / client did not meet requirements & application failed / client made last minute visitor visa application but did not sign it & information omitted / client expressed reason for seeking visitor visa as her intention to live in New Zealand / INZ concerned client not a bona fide applicant & visa declined / whether professional & competent adviser would have lodged work visa application / whether visitor visa application competently managed / Code of Conduct 2014, cl1, cl31a / Immigration Advisers Licensing Act 2007, s442 / adviser negligent, unprofessional & careless / client’s qualification not relevant to obtaining employment / adviser failed to assess eligibility of application / adviser lodged visitor visa application expressing unlawful purpose / application should have been signed / omissions did not justify INZ’s character concerns / complaint upheld.
  7. INZ (Foley) v Niland [2019] NZIACDT 5 (5 February 2019) [PDF, 189 KB]

    Rubber stamping / allowing unlicensed people to manage visa application process / failure to provide written agreement / adviser entered arrangement with company that sourced jobs for Sri Lankan workers / adviser had no contact with client apart from initial skype interview / adviser used template contract of engagement / job offer withdrawn but company advised client to travel to New Zealand / whether adviser negligent or deliberately employed business model in breach of professional obligations / Code of Conduct 2014, cl2e, cl3c, cl18, cl19, cl26 / Immigration Advisers Licensing Act 2007, s442 / adviser did not take charge of engagement with client / inevitable unlicensed staff would step into void & provide immigration advice / adviser facilitated provision of immigration advice by unlicensed staff / contract unsuited to client & adviser’s needs / complaint upheld.
  8. P v K [2019] NZIACDT 4 (5 February 2019) [PDF, 114 KB]

    Failure to exercise due diligence and care / failure to provide written agreement / Application for residence / EOI declined due to showing insufficient points / adviser failed to inform client / adviser lacked capacity to practice due to medical condition / adviser subject to a number of complaints & licence cancelled / Immigration Advisers Licensing Act 2007, s442 / adviser no longer capable of defending or giving instructions concerning complaint / appropriate to uphold the complaint to extent necessary to order a refund of fees / incapacity found in terms of s 442c of the Act / complaint upheld / adviser ordered to refund $7,750 in fees & disbursements.  
  9. LL v Sun [2019] NZIACDT 3 (30 January 2019) [PDF, 253 KB]

    Rubber stamping / allowing unlicensed people to manage visa application process / adviser had no direct contact with client in accordance with Chinese law / all communications made via local migration company / complaint client asked to sign blank application form, information supplied without her knowledge and signature forged / whether the company’s unlicensed staff performed immigration services / whether Chinese law qualifies adviser’s professional obligations / Code of Conduct 2014, cl1, cl2, cl3c / Immigration Advisers Licensing Act 2007, s442 / Chinese law restrictions irrelevant & obligations not qualified by them / unlikely staff did not provide immigration advice / staff’s work did not amount to clerical work / bulk of complainant’s instructions carried out by company / adviser did not know falsity of documents / mere filing of false documents does not, of itself, amount to lack of due care or diligence / adviser had no knowledge of staff’s conduct / complaint upheld.
  10. E v D [2019] NZIACDT 2 (30 January 2019) [PDF, 185 KB]

    Negligence / failure to assess whether business aligned with approved business plan & requirement to benefit New Zealand / failure to ensure agreement signed / application for long-term business visa / clients bought lodge after failed sale of motel / business plan based on motel / visa declined because lodge did not meet relevant criteria / complaint adviser made application with no hope of success / adviser claimed immigration advice based on purchase of motel not lodge / adviser unwell & unable to represent himself / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl8 / adviser not unfit to plead / complainant absent from process & failed to produce evidence requested by tribunal / tribunal unable to make definitive finding that advice not sought on suitability of lodge / agreement not signed but no utility to upholding complaint / adviser’s licence expired & unlikely to renew / complaint dismissed.
  11. Immigration New Zealand (Carley) v De'Ath [2019] NZIACDT 1 (10 Jan 2019) [PDF, 220 KB]

    Sanctions decision / rubber stamping / allowing unlicensed people to manage visa application process / adviser had little or no contact with clients / adviser director of company recruiting Filipino workers / applications handled by unlicensed employee in Philippines / Code of Conduct 2014, cl1, cl2e, cl3c, cl18, cl26a / Immigration Advisers Licensing Act 2007, s50, s51 / adviser reliant on unlicensed people to deal with clients on immigration matters / offending involved multiple clients & adviser continued same model for some time / no systematic or deliberate breach of code / adviser overlooked requirement to personally discharge professional obligations / adviser failed to appreciate narrowness of clerical work exception / adviser aware of failings & remedied flawed business structure / adviser censured & ordered to pay $8,500 penalty & $3,000 investigation costs.
  12. The Registrar of Immigration Advisers v Niland [2018] NZIACDT 52 (21 December 2018) [PDF, 262 KB]

    Rubber stamping / allowing unlicensed people to manage visa application process / adviser entered arrangement with company that sourced jobs for Filipino workers / unlicensed staff managed process & liaised with clients / adviser used template documents & assessed clients via skype interview but no record of interviews / Code of Conduct 2014, cl1, cl2e, cl3c, cl18, cl26a / Immigration Advisers Licensing Act 2007, s442 / adviser had no real engagement with clients & provided no direct immigration advice / adviser permitted unlicensed staff to give immigration advice / adviser failed to obtain & carry out instructions / agreement did not provide a full description of services / INZ concerns not communicated to clients / adviser should have exercised greater care in scrutiny of documents / clients signed declaration before seeing employment agreement / adviser misunderstood permitted scope of clerical work by unlicensed staff / complaint upheld
  13. INZ (Foley) v De'Ath [2018] NZIACDT 51 (19 December 2018) [PDF, 213 KB]

    Sanctions decision / unprofessional conduct / adviser alleged immigration officer provided false and misleading information / adviser also alleged officer cover-up of wrongdoing and intention to disadvantage migrants / no evidence to substantiate formal complaints / correspondence amounted to personal attacks / Immigration Advisers’ Code 2014, cl1 / Immigration Advisers Licensing Act 2007, s50, s51 / unprofessional and disrespectful to make complaints of serious misconduct without evidence in support / adviser apologised to one officer but not the other / no malice and adviser showed remorse / officers must expect criticism and be robust/ adviser cautioned and ordered to pay penalty of $750
  14. Green v De'Ath [2018] NZIACDT 50 (13 December 2018) [PDF, 214 KB]

    Sanctions decision / failure to explain professional responsibilities to client / failure to provide written agreement with written authority / failure to ensure written agreement signed / failure to maintain record of all communications / adviser misunderstood who he owed professional obligations to / adviser had contractual relationships with client and client’s employer / Immigration Advisers’ Code 2014, cl17b, cl18c, cl19b, cl19m, cl26a / Immigration Advisers Licensing Act 2007, s50, s51 / adviser failed to recognise who client was / failure unreasonable and misguided / code prescriptive in regard to record keeping but not unduly so / breach sufficiently serious or systemic to warrant disciplinary process / no deliberate flouting of code but significant professional deficiency / adviser censured and ordered to pay penalty of $1,500
  15. Xu v Tian [2018] NZIACDT 49 (10 December 2018) [PDF, 105 KB]

    Sanctions decision / negligence / failure to inform client status of applications / client signed second work visa application without being informed first was declined / Immigration Advisers Licensing Act 2007, s50, s51 / no lack of competence in handling applications but adviser failed in relationship with client / adviser failed to obtain instructions & provide timely updates / lack of communication & failure to keep proper records of client communications / adviser admitted breaches / adviser censured & ordered to enrol in refresher course
  16. Wang v Denekamp [2018] NZIACDT 48 (23 November 2018) [PDF, 152 KB]

    Sanctions decision / rubber stamping / adviser failed to engage with complainant as a fully committed professional / adviser failed to have written agreement with complainant / adviser had no personal contact with complainant but certified he had / Immigration Advisers Licensing Act 2007, s50, s51 / adviser did not recognise warning signs of rubber stamping / isolated incident / no compensation as claim lacked nexus with complaint & inadequate proof of quantum / adviser prevented from reapplying for licence until training completed / adviser censured & ordered to pay $4,500 penalty & refund fee of $300 to complainant
  17. Zhang & Cao v Chen [2018] NZIACDT 47 (16 November 2018) [PDF, 153 KB]

    Jurisdiction / registrar referred incompetence as ground of complaint / complainant raised negligence & dishonest or misleading behaviour as grounds for complaint / registrar did not refer additional grounds / complainant claimed registrar omitted additional grounds / tribunal requested registrar review grounds & she affirmed them / Immigration Advisers Licensing Act 2007, s45 / Code of Conduct 2014, cl9, cl16 / tribunal had no jurisdiction to consider additional grounds / inappropriate to refer matter back to registrar in interests of finality / adviser incompetent / complaint upheld
  18. Govind v Chandra [2018] NZIACDT 46 (15 November 2018) [PDF, 260 KB]

    Failure to have written agreement / lack of care / adviser requested character waiver in advance of visa application / adviser charged fee but had no written agreement / Immigration Advisers Licensing Act 2007, s50 / Code of Conduct 2014, cl9, cl16 / request for character waiver a simple error which did not justify disciplinary action / adviser did not knowingly bring application that could not succeed / no written agreement so fee should be refunded / complaint upheld.
  19. INZ (Carley) v De'Ath [2018] NZIACDT 45 (13 November 2018) [PDF, 213 KB]

    Rubber stamping / allowing unlicensed people to manage visa application process / failure to personally obtain instructions or written agreement / adviser director of company recruiting Filipino workers / adviser had little or no contact with clients / adviser made certain information available on template forms with opportunity of electronic communications / applications handled by employee in Philippines / Code of Conduct 2014, cl1, cl2e, cl3c, cl18, cl26a / Immigration Advisers Licensing Act 2007, s442 / adviser gave no advice / adviser reliant on unlicensed employee to assist clients with applications & initiate relationship / letter of engagement inadequate discharge of personal obligation / rapid growth of business no justification / no systematic or deliberate breach of code / adviser overlooked personal obligations & failed to appreciate narrowness of clerical work exception / adviser failed to exercise due diligence & care / complaint upheld
  20. INZ (Foley) v De'Ath [2018] NZIACDT 44 (6 November 2018) [PDF, 273 KB]

    Unprofessional & disrespectful communications with INZ / dishonest & misleading advice / adviser made many complaints of serious misconduct against INZ staff with no supporting evidence / adviser complained staff not fulfilling their role / complaint against one officer for misinterpreting employer’s statement / adviser advised client with job offer to travel under visa waiver programme / INZ alleged adviser used complaint procedure inappropriately to lodge malicious, threatening & unprofessional complaints / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / complaints officers not performing their role not outside complaints procedure / adviser honestly believed client treated unfairly & some merit to complaint / officer made honest mistake / adviser’s complaint unwarranted & unprofessional but not malicious / adviser’s correspondence with INZ intemperate, abrasive & accusatory / adviser did not intend advice to be dishonest or misleading / complaint upheld
  21. Green v De'Ath [2018] NZIACDT 43 (1 November 2018) [PDF, 220 KB]

    Breach of professional obligations & Immigration Advisers Licensing Act 2007 / failure to have written agreement / failure to advise of professional responsibilities & keep proper written records / employer engaged adviser’s firm to provide a farm worker / worker needed a variation condition due to INZ investigation / worker ceased work but was still living on farm before variation granted / Code of Conduct 2014, cl1, cl2e, cl17, cl18, cl19 & cl 26 / Immigration Advisers Licensing Act 2007, s442 / adviser accepted breaches but submitted complaint should be dismissed because it related to procedural deficiencies / adviser failed to appreciate worker not employer was his client / failure a significant breach which led to multiple violations / complaint upheld.
  22. Xu v Tian [2018] NZIACDT 42 (26 October 2018) [PDF, 186 KB]

    Negligence / dishonest or misleading conduct / failure to inform client of status of applications / failure to obtain instructions before submitting applications / INZ declined work visa & granted visitor visa to complainant / adviser got complainant to sign second work visa application without informing her first had been declined / second application declined / complainant claimed she did not know applications had been declined & she was in country illegally / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl26 / adviser negligent as to disclosures to complainant & failure to obtain instructions / insufficient evidence adviser misrepresented status of applications or nature of second application form / nature of form obvious / conduct not dishonest or misleading / adviser honestly believed work visa would be granted / lack of file notes or electronic records of conversations / complaint upheld