[2022] NZIACDT 13 — BU v McCarthy (Christopher Mark McCarthy)

Immigration Advisers Complaints and Disciplinary Tribunal · decided 20 June 2022 · adviser: Christopher Mark McCarthy

The tribunal's published summary

Sanctions / dishonest behaviour / failed to lodge a s 61 request after accepting instructions and payment to do so / deliberately deceived client into believing request had been made for about 18 months / Immigration Advisers Licensing Act 2007, s3, s50, s51 / HELD / first appearance before Tribunal / adviser provided no explanation & did not engage with Tribunal / conduct exacerbated by contempt for disciplinary process / serious misconduct with serious consequences for client / adviser censured / no longer licensed / prohibited from applying for a licence for the maximum period (two years) in light of attitude to disciplinary process & no confidence adviser has learned anything / ordered to pay $4,000 financial penalty / claim for refund of fee ($4,025) not opposed, upheld / award of $2,000 compensation for emotional distress

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.