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[2020] NZIACDT 4, RDA v Registrar of Immigration Advisers

A decision of the Immigration Advisers Complaints and Disciplinary Tribunal, decided 24 January 2020.

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 4
PartiesRDA v Registrar of Immigration Advisers
Decided24 January 2020

The Tribunal's published summary

“Appeal against registrar’s decision to reject complaint about fees / whether a dispute about fees justifies disciplinary proceedings / appellant unable to proceed with residence application and terminated agreement with adviser / adviser did not have to complete all contracted work / dispute about level of refund offered by adviser / Immigration Advisers Licensing Act 2007, s442, s54 / terms of engagement unclear / refund policy not compliant with Code / starting point as to fair refund is contractual fee agreed / dispute a contractual dispute not a disciplinary matter / not role of disciplinary processes to reconcile inconsistent contractual provisions / dispute could be resolved by the Disputes Tribunal / not clear fee charged not fair and reasonable / dispute did not cross threshold justifying disciplinary action / appeal rejected.”

Immigration Advisers Complaints and Disciplinary Tribunal, [2020] NZIACDT 4 (PDF, Ministry of Justice)

Sources