The decision
| Fact | Detail |
|---|---|
| Decision maker | Immigration Advisers Complaints and Disciplinary Tribunal |
| Citation | [2023] NZIACDT 18 |
| Parties | XX v Xu |
| Decided | 1 June 2023 |
| Licensed immigration adviser | Yan Xu, licence 200901967, expired |
The Tribunal's published summary
“Sanctions / adviser overlooked aspect of INZ letter and provided erroneous advice, failed to read decline letter and did not provide adequate advice / failed to promptly forward decline letter after discovering it / failed to explain Code of Conduct or complaints procedure when entering service agreement / did not amend or provide new agreement for s 61 request / failed to confirm material discussions in writing / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl17a, cl17b, cl17c, cl18a, cl26c / HELD / first appearance before Tribunal / adviser’s misconduct caused significant stress and loss / modest damages for stress awarded in appropriate cases / high legal fees not recoverable as reasonable compensation / adviser cautioned / ordered to pay $1,000 financial penalty having regard to clean record, acknowledgement, apology and compensation / compensation of $4,893 awarded for stress, adviser’s compensation offer, s 61 fee and reasonable legal fees”
The licensed immigration adviser in this decision
This decision concerns Yan Xu (licence 200901967, expired). See the full licence history on their profile, or compare all licensed immigration advisers in Auckland.
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