If you want to search for a specific section of the Immigration Advisers Licensing Act 2007 or clause of the Code of Conduct 2014, you must search it as one word with no spaces or brackets. For example, if searching for section 44(2)(a) of the Act, you should enter ‘s442a’ into the keyword search and if searching for clause 19(k) of the Code of Conduct, you should enter ‘cl19k’.
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810 items matching your search terms
Sanctions decision / negligence / adviser failed to assess eligibility of graduate work visa application / adviser now bankrupt / licence surrendered / Immigration Advisers Licensing Act 2007, s50, s51 / no basis for application & competent adviser would not have advised client to pursue it / adviser not responsible for application’s failure / adviser censured & ordered to pay $5,835 in refund of fees & expenses at $30 weekly.
Sanctions decision / rubber stamping / all communications made via Chinese migration company / staff work not clerical work / bulk of complainant’s instructions carried out by company / Immigration Advisers Licensing Act 2007, s50, s51 / second complaint upheld / adviser already prohibited from licence for two years / misconduct serious / adviser enabled unlicensed persons to provide immigration advice & failed to personally discharge immigration services / violation not wilful / adviser believed Chinese law did not permit him to engage with complainant / adviser wrongly believed staff were performing permitted clerical work / adviser retired & licence expired / adviser censured & prevented from reapplying for licence for two years.
Failure to engage with client / failure to deal with conflict of interest appropriately / long term business visa / complainant (client) purchaser of a business / adviser did not deal directly with complainant / adviser relied on vendor of business to be an intermediary / information provided in business proposal inaccurate / adviser sent emotional text to complainant after complaint made / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2, cl3, cl6 / clear conflict of interest but no breach of cl6 / vendor an agent but not a client / adviser accepted instructions from conflicted intermediary but lack of due care & professionalism not part of complaint so no breach / lack of engagement with client cannot be excused by client consent / obligation to engage with client cannot be waived / adviser’s key failure accepting an intermediary & not personally engaging with complainant / text unprofessional but did not cross disciplinary threshold / complaint upheld.
Facilitating unlicensed person to give unlawful immigration advice / adviser ran seminars overseas providing information on immigration criteria in New Zealand / speaker at seminars not licensed / complaint made by another adviser that seminars contained incorrect information / Code of Conduct 2014, cl1, cl3c, cl29 / Immigration Advisers Licensing Act 2007, s442 / no evidence adviser’s strategy for clients not viable / motive of complainant irrelevant / immigration advice given by unlicensed person / irrelevant that speaker licensed in Germany to give advice about New Zealand immigration / adviser endorsed strategy & seminars traded on adviser being licensed in New Zealand / adviser facilitated speaker’s behaviour / complaint upheld.
Rubber stamping / allowing unlicensed people to manage visa application process / adviser based in Pakistan & director of immigration consultancy / staff from consultancy communicated with clients & INZ / adviser assessed eligibility of clients & involved at various times during application process / Code of Conduct 2014, cl1, cl2e, cl3c / Immigration Advisers Licensing Act 2007, s442 / most of engagement undertaken by staff / adviser’s mode of business allowed staff to perform substantive immigration services / staff communications with clients not minor & crossed disciplinary threshold / adviser not professional or diligent / adviser delegated bulk of engagement process to staff / not enough to be engaged in some key stages / complaint upheld.
Excessive fees / failure to record meetings and discussions / residence application / adviser charged $15,000 standard fee / adviser prepared application which required analysis of financial information / complainant signed application & paid second instalment of fees / complainant changed his mind & requested withdrawal of application & full refund of fees / complainant terminated agreement / adviser offered a partial refund / Code of Conduct 2014, cl20, cl24, cl26 / Immigration Advisers Licensing Act 2007, s442 / adviser should have recorded material discussions in writing / fee at higher end of scale but not unfair or unreasonable / urgency relevant factor in setting fee / adviser carried out substantial work at time agreement was terminated / work largely completed & only some documents outstanding / refund fair / adviser under no obligation to refund more than small part of fee / complaint upheld.
Sanctions decision / rubber stamping / allowing unlicensed people to manage visa application process / adviser entered arrangements with companies that sourced jobs for Sri Lankan & Filipino workers / failure to personally engage with each client / adviser had little or no contact with clients / lack of clarity as to respective responsibilities of company & adviser / adviser facilitated provision of immigration advice by unlicensed staff / Immigration Advisers Licensing Act 2007, s50, s51 / adviser negligent but breach not deliberate / adviser careless as to contractual arrangements & misunderstood limits of clerical work exclusion / adviser overlooked template agreement not suited to her or clients’ needs / adviser censured, ordered to undertake refresher course & pay penalty of $4,000.
Rubber stamping / adviser director of company providing student placement services / complainant & son applied for visitor visa before student visa / unlicensed staff prepared application / application declined because it did not disclose son’s placement offer & INZ concerned it was not genuine / adviser not involved with application but finalised letter in response to INZ concerns / adviser not involved in management of company & believed it only provided placement services / Code of Conduct 2014, cl1, cl3c / Immigration Advisers Licensing Act 2007, s442 / any competent adviser would have realised unlicensed staff providing advice on receiving draft response letter / business structure not designed to circumvent legislation & no pattern of misconduct / violation at lower end of rubber stamping spectrum but still serious / adviser facilitated conduct of unlicensed staff in finalising letter to INZ / adviser not professional or diligent & did not exercise due care / complaint upheld.
Sanctions decision / rubber stamping / adviser had no direct contact with client / all communications made via Chinese migration company / staff’s work did not amount to clerical work / bulk of complainant’s instructions carried out by company / Immigration Advisers Licensing Act 2007, s50, s51 / adviser’s misconduct serious / adviser facilitated unlicensed people to provide services only a licensed adviser could lawfully perform / no wilful violation of Act or Code / adviser did not personally engage with clients because it was against Chinese law / adviser mistakenly believed staff performing permitted clerical work / adviser retired & licence expired / adviser censured & prevented from reapplying for licence for 2 years.
Unprofessional & disrespectful communications with INZ / adviser’s communications criticised INZ staff for being incompetent & threatened to raise complaint with government agency / INZ staff felt belittled, stressed, incompetent, upset & bullied by communications / adviser copied communications to lawyer & another adviser / INZ’s character concerns not brought to client’s attention / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl4a / adviser’s criticisms unprofessional & crossed disciplinary threshold / tone & text went beyond robust advocacy & amounted to unjustified personal attacks / communications not at upper end of being unprofessional / criticisms & threats unjustified but not offensive or intimidating in unlawful sense / adviser honestly believed clients wronged / adviser withheld information & failed to obtain client’s informed instructions / adviser breached client confidentiality / complaint upheld.
Rubber stamping / allowing unlicensed people to manage visa application process / long-term business visa / complainant client of Chinese migration company / adviser had no direct contact with client in accordance with Chinese law / entire relationship managed by company / business plan submitted to INZ not what complainant approved / whether company’s unlicensed staff performed immigration services / whether Chinese law qualifies adviser’s professional obligations / Code of Conduct 2014, cl1, cl2e, cl3c / Immigration Advisers Licensing Act 2007, s442 / staff’s work not clerical work / unlikely staff did not provide immigration advice / staff undertook bulk of assistance & adviser allowed this / adviser misunderstood scope of clerical work but not what they were doing / in terms of obligations adviser’s client was complainant not company / Chinese law restrictions irrelevant to adviser’s obligations / complete abdication to personally engage with client / complaint upheld.
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.
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.
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.
Sanctions decision / 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, s51 / misconduct at lower end of scale / parties already agreed refund of fees as appropriate sanction / adviser ordered to refund fees of $500.
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.
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.
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.
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.
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.
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.
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.
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
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
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