[2019] NZIACDT 74, KXBK v GVH

“Failure to exercise due diligence and care / negligence / unprofessional conduct / failure to confirm client’s visa history / client advised that he was always on essential skills visa when he was not / client did not hold essential skills work visa for required period / adviser told client that he did not comply with requirements / visa declined and client requested a refund / adviser offered refund if client withdrew complaint /Code of Conduct 2014, cl1 / Immigration Advisers Licensing Act 2007, s442 / adviser should have checked client’s visa history and not relied on client for information about immigration status / linking of refund to withdrawal of complaint unprofessional /client’s evidence unreliable / adviser’s mistakes did not cross disciplinary threshold / client used complaint process as leverage for refund / refund already achieved / complaint dismissed.”