[2023] NZIACDT 20 — II v Sun - Sanctions

Immigration Advisers Complaints and Disciplinary Tribunal · decided 21 June 2023

The Immigration Advisers Complaints and Disciplinary Tribunal's published summary

Sanctions / adviser failed to personally advise client and obtain instructions, permitted unlicensed staff to give immigration advice, and failed to specify name and licence number in written service agreement / Immigration Advisers Licensing Act 2007, s3, s6, s7, s50, s51 / Code of Conduct 2014, cl2e, cl3c, cl19a / HELD / first appearance before Tribunal / obligations in Code are personal to adviser and cannot be delegated / unlicensed staff confined to clerical work only / convenience of client to deal with staff in client’s country not a justification / adviser’s work of no value to client / Tribunal’s power to award compensation arises from adviser’s breaches irrespective of who fee was paid to / adviser censured / directed to undertake training / ordered to pay $2,500 financial penalty having regard to serious wrongdoing, no acknowledgement, remorse or apology, but also clean record and rubber stamping involving one client / compensation of $35,000 awarded for fee paid to company

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.