[2019] NZIACDT 24 — Shihaku v Mizoguchi (Kotaro Mizoguchi)

Immigration Advisers Complaints and Disciplinary Tribunal · decided 24 April 2019 · adviser: Kotaro Mizoguchi

The tribunal's published summary

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.

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.