[2019] NZIACDT 5 — INZ (Foley) v Niland (Lynn Barbara Niland)

Immigration Advisers Complaints and Disciplinary Tribunal · decided 5 February 2019 · adviser: Lynn Barbara Niland

The tribunal's published summary

Rubber stamping / allowing unlicensed people to manage visa application process / failure to provide written agreement / adviser entered arrangement with company that sourced jobs for Sri Lankan workers / adviser had no contact with client apart from initial skype interview / adviser used template contract of engagement / job offer withdrawn but company advised client to travel to New Zealand / whether adviser negligent or deliberately employed business model in breach of professional obligations / Code of Conduct 2014, cl2e, cl3c, cl18, cl19, cl26 / Immigration Advisers Licensing Act 2007, s442 / adviser did not take charge of engagement with client / inevitable unlicensed staff would step into void & provide immigration advice / adviser facilitated provision of immigration advice by unlicensed staff / contract unsuited to client & adviser’s needs / 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.