[2023] NZIACDT 22, OT v Ramos (Genoveva Evelyn Ramos)

“Sanctions / adviser missed deadline to lodge residence application in accordance with special one-off residence policy / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl18a, cl26c / HELD / fourth appearance before Tribunal / failure was an oversight, but not excusable human error as adviser should always be aware of deadline for applications and have systems in place to draw deadlines to her attention / a timely application would have succeeded as client and wife were eligible under policy / emotional damages award appropriate as couple suffered real frustration, sadness and high degree of anxiety / future legal costs and INZ fees not claimable as couple chose to stay and incur future costs / adviser censured / ordered to pay $2,500 financial penalty in light of disciplinary history, acknowledgement and priority to compensation / compensation of $8,000 awarded for costs of s61 requests made to rectify adviser’s negligence and emotional distress”