[2023] NZIACDT 12 — XX v Xu (Yan Xu)

Immigration Advisers Complaints and Disciplinary Tribunal · decided 13 April 2023 · adviser: Yan Xu

The tribunal's published summary

Diligence and due care / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl17a, cl17b, cl17c, cl18a, cl26c / HELD / breaches of cl1 lacking diligence and due care / adviser overlooked aspect of PPI letter and provided erroneous advice / also failed to check a communication from INZ, which was a decline letter / was not able to provide adequate advice on options as decline letter was missed / failed to promptly forward on decline letter after discovering it had been received / breach of cl17a, cl17b, cl17c / failed to provide or explain Code of Conduct when entering service agreement or provide internal complaints procedure / breach of cl18a / did not amend or provide new service agreement covering additional s61 request / breach of cl26c / did not confirm material discussions in writing / would have been particularly helpful to set out consequences of declined visa / 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.