immigrationadviser.co.nz

[2020] NZIACDT 4RDA v Registrar of Immigration Advisers

Immigration Advisers Complaints and Disciplinary Tribunal · decided 24 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.

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.