[2018] NZIACDT 45 — INZ (Carley) v De'Ath (Benjamin Neil Stewart De'Ath)

Immigration Advisers Complaints and Disciplinary Tribunal · decided 13 November 2018 · adviser: Benjamin Neil Stewart De'Ath

The tribunal's published summary

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

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.