[2020] NZIACDT 42 — NMS v Mercado (Rowel Mercado Mercado)

Immigration Advisers Complaints and Disciplinary Tribunal · decided 1 October 2020 · adviser: Rowel Mercado Mercado

The tribunal's published summary

Negligence / residence under skilled migrant category / complainant a manager at one company and a personal assistant (PA) at another company / adviser advised arrangement acceptable provided there was an outsourcing agreement / work visa sought & granted limited to PA role so residence declined / whether adviser negligent in advising complainant she could undertake work for two companies on visa limited to one company / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 / adviser should have known outsourcing agreement not acceptable / no reasonable basis for adviser to believe complainant just doing PA work / a professional adviser would not have advised arrangement would meet visa condition / high degree of carelessness & serious consequences for complainant / disciplinary threshold met / 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.