[2018] NZIACDT 44 — INZ (Foley) v De'Ath (Benjamin Neil Stewart De'Ath)

Immigration Advisers Complaints and Disciplinary Tribunal · decided 6 November 2018 · adviser: Benjamin Neil Stewart De'Ath

The tribunal's published summary

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

Read the full decision (PDF, Ministry of Justice)

This page reproduces the tribunal's own published summary as a fair report of public tribunal proceedings; the linked decision is the authoritative record. A decision is not itself a finding of wrongdoing — some complaints are dismissed. Complainants are anonymised by the tribunal. Complaints about advisers go to the Immigration Advisers Authority.