[2021] NZIACDT 2, IMH v Marica (Simona Marica)

“Negligence / dishonest or misleading conduct / renewal of visitor visa / adviser failed to file renewal application on time due to mistake in file records / complainant not informed of mistake or unlawful status / whether adviser deliberately or innocently overlooked telling complainant about mistake / whether adviser entitled to rely on file record without checking / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e / adviser had numerous opportunities to tell complainant about mistake / concealment of error deliberate & misleading / adviser should have checked expiry date as some records so critical they must be checked / adviser failed to conduct herself with due care & in a timely manner / period to lodge s 61 discretionary visa request too long / adviser’s workload or personal circumstances did not reduce her responsibilities to complainant / complaint upheld.”