[2019] NZIACDT 42 — Shadforth (Appeal)

Immigration Advisers Complaints and Disciplinary Tribunal · decided 20 June 2019

The tribunal's published summary

Appeal against registrar’s decision not to pursue complaint / dispute between two competing professionals who had acted for same client / allegation adviser misrepresented client’s character issues to INZ and unlicensed employees provided immigration advice / client issued with deportation notice / client’s passport name not full name / client’s passport name used to obtain overseas police certificate / certificate produced to INZ disclosed no convictions / client arrested overseas but not convicted / alleged unlicensed employee advised client to omit middle name / Immigration Advisers Licensing Act 2007, s442, s451, s54 / insufficient evidence of misleading conduct / no evidence employee’s advice went beyond “clerical work” / advice did not cross threshold warranting disciplinary action / “clerical work” could involve direct dealings with clients / allegations did not warrant referring complaint to Tribunal / threshold as to gravity not met / appeal rejected.

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.