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Search results

836 items matching your search terms

  1. HES v Parekh [2019] NZIACDT 47 sanctions (19 July 2019) [PDF, 124 KB]

    Sanctions decision / complaint upheld by Tribunal / negligence / failure to advise application had no realistic chance of succeeding / partnership visitor visa declined / insufficient evidence partnership genuine and stable / complainant travelled to Pakistan to live with partner / complainant sought to recover fees, lost wages and expenses from living in Pakistan / Immigration Advisers Licensing Act 2007, s50 and s51 / isolated incident / censure not justified / adviser willing to pay compensation / refund of fees / claim for compensation excessive / expenses and lost wages largely would have been incurred anyway and not caused by adviser’s negligence / $2,500 compensation awarded for wasted return airfare and contribution to other expenses and losses.
  2. XN v Ji [2019] NZIACDT 49 (19 July 2019) [PDF, 176 KB]

    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.
  3. KIT v Zhu [2019] NZIACDT 46 sanctions (8 July 2019) [PDF, 126 KB]

    Sanctions decision / allowing unlicensed  person to engage with client / no written agreement / inadequate written record of communications / student visa application declined / complainant’s status became unlawful / complainant sought recovery of lawful status and compensation for legal costs / Code of Conduct 2014, cl2e, cl18, cl26a, cl26c / Immigration Advisers Licensing Act 2007, s50 and s51 / obligation to engage personally with client and have written agreement important / violation lower end of spectrum because adviser engaged with client at later stage / adviser had a strong commitment to professional development and offered to pay some compensation / not appropriate to refund all costs as not attributable to adviser’s professional violations / doubtful Tribunal has power to award costs in disciplinary process / adviser censured / adviser directed to complete refresher course and ordered to pay some compensation
  4. Suresh v Elizabeth [2019] NZIACDT 45 - Sanctions (3 July 2019) [PDF, 196 KB]

    Sanctions decision / rubber stamping / breach of professional obligations / lodging expression of interest under skilled migrant category / policy changed and client no longer eligible / complaint about delay and request for refund / adviser failed to engage with client and carry out instructions / advisor failed to have written agreement  tailored to client’s circumstances / no refund policy in agreement / delay negligent / Code of Conduct 2014, cl1, cl2e, cl3c, cl19e, cl19K, cl24c / Immigration Advisers Licensing Act 2007, s50 and s51 / adviser had no involvement with complainant / adviser and staff primarily responsible for delays / an Australian registered adviser who obtains New Zealand registration has a professional duty to familiarise themselves with New Zealand law / age and inexperience not mitigating factors / adviser only an employee / complaint upheld / adviser censured / adviser ordered to pay penalty and partly refund complainant
  5. INZ (Calder) v Wong [2019] NZIACDT 44 (27 June 2019) [PDF, 158 KB]

    Breach of professional obligations and Immigration Advisers Licensing Act 2007 / procuring and providing false information to INZ / entering further information after client signed blank application form / failure to provide copy of client files for inspection / adviser acquitted in a criminal prosecution / licence suspended and then expired / whether Tribunal can uphold complaint / failure to attend hearing / providing false evidence to IACDT / Code of Conduct 2014, cl3c, cl26e / Immigration Advisers Licensing Act 2007, s44, s49, s51 / insufficient evidence to prove adviser knowingly produced false documents / adviser permitted client to sign blank form / adviser failed to keep a copy of client’s files after they were uplifted by INZ / complaint partially upheld.
  6. Khan (Appeal) [2019] NZIACDT 43 (24 June 2019) [PDF, 147 KB]

    Appeal against registrar’s decision not to pursue complaint / application for entrepreneur work visa / appellant paid adviser to assist cousin with application / business plan not completed / refusal to refund fees / fabrication  of emails and service agreement / registrar found business plan not provided because cousin did not respond to requests for further information / adviser found to have undertaken a reasonable amount of work / no evidence of fabrication / Code of Conduct 2014, cl1 / Immigration Advisers Licensing Act 2007, s442, s451, s54 / no evidence of impropriety by adviser / adviser understood on reasonable grounds that cousin was his client / cousin made no complaint against adviser / evidence did not disclose any wrongdoing / appeal rejected.
  7. Shadforth (Appeal) [2019] NZIACDT 42 (20 June 2019) [PDF, 176 KB]

    Appeal against registrar’s decision not to pursue complaint / dispute between two competing professionals who had acted for same client / allegation adviser misrepresented client’s character issues to INZ and unlicensed employees provided immigration advice / client issued with deportation notice / client’s passport name not full name / client’s passport name used to obtain overseas police certificate / certificate produced to INZ disclosed no convictions / client arrested overseas but not convicted / alleged unlicensed employee advised client to omit middle name / Immigration Advisers Licensing Act 2007, s442, s451, s54 / insufficient evidence of misleading conduct / no evidence employee’s advice went beyond “clerical work” / advice did not cross threshold warranting disciplinary action / “clerical work” could involve direct dealings with clients / allegations did not warrant referring complaint to Tribunal / threshold as to gravity not met / appeal rejected.
  8. INZ (Calder) v Shearer [2019] NZIACDT 41 (19 June 2019) [PDF, 286 KB]

    Rubber stamping / breach of professional obligations and Immigration Advisers Licensing Act 2007 / unlicensed staff performed immigration work on adviser’s behalf / adviser did not have a written agreement directly with clients / adviser had no meaningful engagement with clients / Code of Conduct 2014, cl1, cl2e, cl3c, cl10b, cl18a, cl26b, cl26e / Immigration Advisers Licensing Act 2007, s7, s442, s50 and s51 / adviser found to be negligent and incompetent / high level of negligence / adviser did not understand who client was / standard of care not dependent on experience / complaint upheld.
  11. INZ (Calder) v Cleland [2019] NZIACDT 38 (10 June 2019) [PDF, 158 KB]

    Sanctions decision / complaint upheld by Tribunal / Immigration New Zealand (Calder) v Cleland [2019] NZIADCT 25 / allowing unlicensed  person to give immigration advice / rubber stamping / failed to explain the agreement to clients / agreement did not describe the services to be provided / failed to advise clients of application status / Code of Conduct 2014, cl1, cl2e, cl3c, cl18b, cl19e, cl19f and cl26b / HELD / Immigration Advisers Licensing Act 2007, s50 and s51 / power to award sanctions / adviser’s actions serious / misunderstanding of “clerical work” exception / Immigration New Zealand (Foley) v Niland [2019] NZIACDT 16 / s511a / adviser censured / s511b / required to complete training / s511f / fined
  12. EQE v ICQ [2019] NZIACDT 37 (6 June 2019) [PDF, 189 KB]

    Breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / essential skills work visa application / whether failure to provide written agreement to client / whether full description of services / whether unlicensed staff providing immigration services / rubber stamping / whether failure to assess client’s visa eligibility / negligence / s442a and s442e of the Act  / breach of Code of Conduct 2014, cl1, cl22, cl3c, cl18a, cl26b and cl26c / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / complaint dismissed.
  13. HES v Parekh [2019] NZIACDT 36 (29 May 2019 [PDF, 176 KB]

    Breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / partnership and cultural marriage visitor visa applications / failure to provide written agreement to client / failure to provide appropriate advice / failure to keep notes of meetings / negligence / s442a and s442e of the Act  / breach of Code of Conduct 2014, cl1, cl18a, cl19a and cl26c / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / immigration adviser not named / adviser failed to take due care in assessing complainant’s circumstances / failed to keep records of advice given / adviser negligent  / complaint upheld.
  14. INZ Calder v Ahmed [2019] NZIACDT 35 (23 May 2019) sanctions [PDF, 161 KB]

    Sanctions decision / complaint upheld by Tribunal / Immigration New Zealand (Calder) v Ahmed [2019] NZIADCT 18 / allowing unlicensed  person to give immigration advice / rubber stamping / Code of Conduct 2014, cl1, cl2e and cl3c / HELD / Immigration Advisers Licensing Act 2007, s50 and s51 / power to award sanctions / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) / Liston v Director of Proceedings [2018] NZHC 2981 / professional disciplinary proceedings focused on protection of the public and profession, not punishment / Patel v Complaints Assessment Committee HC Auckland CIV-2007-404-1818, 13 August 2007 / advisor’s actions serious / adviser did have involvement with clients / misunderstanding of “clerical work” exception / Immigration New Zealand (Foley) v Niland [2019] NZIACDT 16 / s511a / advisor censured / s511b / required to complete training / s511f / fined
  15. KIT v Zhu [2019] NZIACDT 34 (20 May 2019) [PDF, 176 KB]

    Breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / student and visitor visa applications / failure to provide written agreement to client / adviser did not engage with client / adviser did not keep complete file notes / s442e of the Act  / breach of Code of Conduct 2014, cl1, cl2e, cl18a, cl26aiii and cl26c / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / unlicensed staff processed application / adviser did not personally obtain client’s instructions / no written agreement / adviser failed to keep file notes / complaint upheld.
  16. MG v Hu [2019] NZIACDT 33 (17 May 2019) [PDF, 118 KB]

    Sanctions decision / complaint upheld by Tribunal / MG v Hu [2019] NZIACDT 20 / long term business vis / conflict of interest / advisor acted for vendor of business and client / party to providing false information to Immigration New Zealand (INZ) / Code of Conduct 2014, cl11b / cl15a and cl3a / HELD / Immigration Advisers Licensing Act 2007, s50 and s51 / power to award sanctions / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) / Liston v Director of Proceedings [2018] NZHC 2981 / professional disciplinary proceedings focused on protection of the public and profession, not punishment / Patel v Complaints Assessment Committee HC Auclkand CVI-2007-404-1818, 13 August 2007 / advisor accepts responsibility for breaches of the Code of Conduct / further breaches unlikely / advisor has taken steps to ensure compliance with obligations/ s51a / advisor cautioned.
  17. Hahn v Walke [2019] NZIACDT 32 (14 May 2019) Sanctions [PDF, 238 KB]

    Sanctions decision / complaint upheld by Tribunal / Hahn v Walke [2019] NZIADCT 19 / seminars / allowing unlicensed  person to give immigration advice / Code of Conduct 2014, cl1 and cl3c / HELD / Immigration Advisers Licensing Act 2007, s50 and s51 / power to award sanctions / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) / Liston v Director of Proceedings [2018] NZHC 2981 / professional disciplinary proceedings focused on protection of the public and profession, not punishment / Patel v Complaints Assessment Committee HC Auckland CIV-2007-404-1818, 13 August 2007 / advisor’s actions serious / s511a / advisor censured / s511e / prohibited from reapplying for licence  for two years / required to complete training before reapplying for licence / s511f / fined
  18. Abellera v Elizabeth [2019] NZIACDT 31 (13 May 2019) [PDF, 94 KB]

    Final decision / complaint upheld by Tribunal / interim decision Abellera v Elizabeth [2017] NZIACDT 17 / breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / failure to tailor written agreement to client / failure to issue refund / demand to withdraw complaint in exchange for refund / Code of Conduct 2014, cl1, cl19e cl24a and cl24e / adviser apologised and accepted responsibility / refund issued / no further sanction appropriate / complaint upheld.
  19. Suresh v Elizabeth [2019] NZIACDT 30 (10 May 2019) [PDF, 197 KB]

    Rubber stamping / breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / failure to tailor written agreement to client / delays in preparing EOI / lack of refund policy / failure to refund / s442a of the Act  / negligence / Code of Conduct 2014, cl1, cl3c, cl19e, cl19k and cl24 / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / adviser did not have any involvement with file / unlicensed staff processed application / obligations cannot be delegated / agreement not tailored to client’s circumstances  / delay in preparing EOI unreasonable and negligent / advisor failed to offer a fair and reasonable refund / complaint upheld
  20. Singh v Patel [2019] NZIACDT 29 (9 May 2019) [PDF, 98 KB]

    Sanctions decision / complaint upheld by Tribunal / Singh v Patel [2019] NZIADCT 17 / failed to make a record of meetings and discussions with client / failed to confirm material discussions in writing / Code of Conduct 2014, cl26aiii and cl26c / HELD / Immigration Advisers Licensing Act 2007, s50 and s51 / power to award sanctions / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) / Liston v Director of Proceedings [2018] NZHC 2981 / professional disciplinary proceedings focused on protection of the public and profession, not punishment / Patel v Complaints Assessment Committee HC Auckland CIV-2007-404-1818, 13 August 2007 / advisor aware of need to improve file management / advisor has taken steps to ensure compliance with obligations / s50b / no further sanctions are warranted
  21. Van Zyl v McNeil [2019] NZIACDT 27 (8 May 2019) [PDF, 109 KB]

    Immigration adviser in breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / four heads of complaint alleged / misleading or dishonest conduct / s442d of the Act / failure to pay refund promised / failure to maintain all communications in required manner / failure to provide written communications for inspection / Code of Conduct 2014, cl24b & cl24c, cl26aiii and cl26e / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / insufficient evidence of dishonest or misleading conduct / adviser failed to promptly provide promised refund / adviser breached written agreement with complainant / sufficient record of communications with clients existed / complaint upheld.
  22. WQ v Emberson [2019] NZIACDT 28 (8 May 2019) [PDF, 186 KB]

    Breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / delays in lodging EOI and communicating with complainant / failure to maintain and make available client file for inspection / s571c of the Act  / lack of professionalism, due care and diligence / Code of Conduct 2014, cl1 and cl26e / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / EOI lodgement delays resulted in complainant missing automatic selection / communication delays were unreasonable / client file retained by adviser’s former employer / adviser must make reasonable efforts to obtain file / Jiang v Immigration Advisers Complaints and Disciplinary Tribunal [2018] NZHC 3152 / file was that of the firm and not the adviser / advisers obligation under cl26e to provide file to Authority must be consistent with s571c / complaint upheld.
  23. GZ v Ke (Luke) Lu [2019] NZIACDT 26 (6 May 2019) [PDF, 113 KB]

    Sanctions decision / complaint upheld by Tribunal / GZ v Lu [2019] NZIADCT 15 / rubber stamping / adviser allowed unlicensed people to provide immigration advice / Code of Conduct 2014, cl1 and cl3c / HELD / Immigration Advisers Licensing Act 2007, s50 and s51 / power to award sanctions / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) / Liston v Director of Proceedings [2018] NZHC 2981 / professional disciplinary proceedings focused on protection of the public and profession, not punishment / Patel v Complaints Assessment Committee HC Auckland CIV-2007-404-1818, 13 August 2007 / issues of punishment and deterrence also considered / adviser’s actions were isolated and at lower end of disciplinary spectrum / acts not intentional / adviser was proactive in resolving complaint and correcting business practices / adviser cautioned / additional (online) training ordered.
  24. INZ (Calder) v Cleland [2019] NZIACDT 25 (3 May 2019) [PDF, 252 KB]

    Rubber stamping / six heads of complaint relating to 12 clients / Immigration adviser’s business practice contrary to professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / s7 and s5 of the Act / Code of Conduct 2014, cl1, cl2e, cl3c, cl18b, cl19e & cl19f and cl26b / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / lack of professionalism and due care / failure to engage with clients / unlicensed staff providing immigration advice, not just clerical work / significant matters in agreement not discussed with clients / full description of services and fees not specified in agreement / failure to provide ongoing timely updates to clients on immigration applications / complaint upheld.
  25. Shihaku v Mizoguchi [2019] NZIACDT 24 (24 April 2019) [PDF, 169 KB]

    Failure to properly manage refund of fee / unprofessional negotiations / no signed agreement of confirmed acceptance / complainant cancelled services & requested refund / adviser insisted on full & final settlement condition before paying refund / Code of Conduct 2014, cl1, cl18c, cl 24c / Immigration Advisers Licensing Act 2007, s442 / previous complaints upheld by Tribunal / Tribunal’s statutory authority cannot be ousted by agreement between the parties / registrar’s views on protection of public carries considerable weight in Tribunal / adviser acknowledged breaches in joint statement with registrar which Tribunal accepted / conduct stemmed from lack of understanding of professional obligations / adviser undertaking training & improved systems & processes / complaint upheld / adviser prevented from applying for any form of licence other than provisional licence for 12 months following completion of training / adviser censured & ordered to pay balance of fee to complainant.