[2019] NZIACDT 28, WQ v Emberson (Lavenia Emberson)

“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.”