[2022] NZIACDT 19 — TA v Tian (Sanctions)

Immigration Advisers Complaints and Disciplinary Tribunal · decided 25 July 2022

The Immigration Advisers Complaints and Disciplinary Tribunal's published summary

Sanctions / dishonest behaviour / numerous breaches of obligations over multiple applications / false representations about application status and completed work while doing nothing / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl9, cl18a, cl26a, cl29a / HELD / high end of misconduct / in addition to deceit, 16 breaches of obligations / fourth upheld complaint against adviser with a pattern of deceitful conduct / did not engage with disciplinary process in a meaningful way / grave consequences for complainant / adviser censured / prevented from reapplying for maximum period of 2 years / ordered to pay $8,000 financial penalty / compensation of $27,145 ordered ($20,955 for wasted polytechnic fees, $1,150 for first s61 request after wrongdoing uncovered, and $5,000 emotional distress) / costs for legal fees on complaint not awardable / fees for further immigration applications did not arise from adviser’s wrongdoing, disallowed

Read the full decision (PDF, Ministry of Justice)

This page reproduces the Immigration Advisers Complaints and Disciplinary Tribunal's own published summary as a fair report of public 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 Immigration Advisers Complaints and Disciplinary Tribunal. Complaints about advisers go to the Immigration Advisers Authority.