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[2020] NZIACDT 19, DMX v Guich (Martin Antonio Guich Pearce)

A decision of the Immigration Advisers Complaints and Disciplinary Tribunal, decided 11 May 2020, concerning Martin Antonio Guich Pearce, licence 201300799, current.

The Tribunal's published summary, reproduced as issued.

The decision

The decision at a glance
FactDetail
Decision makerImmigration Advisers Complaints and Disciplinary Tribunal
Citation[2020] NZIACDT 19
PartiesDMX v Guich
Decided11 May 2020
Licensed immigration adviserMartin Antonio Guich Pearce, licence 201300799, current

The Tribunal's published summary

“Negligence / unsuccessful residence visa application / adviser miscalculated appeal period & appeal dismissed for being out of time based on out of date IPT guide / complainant arranged meeting with Citizens Advice Bureau & requested file / adviser provided key documents / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl26f / whether mistake could be made by competent, reasonable, prudent & diligent practitioner / mistake amounted to failure to exercise due diligence & care / isolated incident can still amount to a breach / reasonable for adviser to only provide key documents rather than full file given situation / carelessness or negligence not minor / prudent adviser would not have relied on hard copy IPT guide / correct period set out in INZ decision letter / prudent adviser would have consulted IPT website / complaint upheld.”

Immigration Advisers Complaints and Disciplinary Tribunal, [2020] NZIACDT 19 (PDF, Ministry of Justice)

The licensed immigration adviser in this decision

This decision concerns Martin Antonio Guich Pearce (licence 201300799, current). See the full licence history on their profile, or compare all licensed immigration advisers in New Plymouth.

Sources