[2020] NZIACDT 51, NMS v Mercardo

“Sanctions / negligence / adviser negligently advised complainant she could undertake work for two companies on visa limited to one company / Immigration Advisers Licensing Act 2007, s50, s51 / adviser’s negligence has serious consequences for complainant / high degree of carelessness / isolated incident / no evidence of any wider lack of skill or knowledge / training & measures undertaken to reduce risk of repeat error / appeal to IPT arose directly from adviser’s wrongdoing so can claim compensation for legal fees / other legal fees not claimable as unrelated to complaint upheld / no compensation for air tickets when family deported because too remote to be attributable to adviser’s wrongdoing / adviser bears some responsibility for family’s distress / adviser censured & ordered to pay $2,000 penalty & $7,433.50 compensation to complainant. Sanctions / negligence / adviser negligently advised complainant she could undertake work for two companies on visa limited to one company / Immigration Advisers Licensing Act 2007, s50, s51 / adviser’s negligence has serious consequences for complainant / high degree of carelessness / isolated incident / no evidence of any wider lack of skill or knowledge / training & measures undertaken to reduce risk of repeat error / appeal to IPT arose directly from adviser’s wrongdoing so can claim compensation for legal fees / other legal fees not claimable as unrelated to complaint upheld / no compensation for air tickets when family deported because too remote to be attributable to adviser’s wrongdoing / adviser bears some responsibility for family’s distress / adviser censured & ordered to pay $2,000 penalty & $7,433.50 compensation to complainant.”