[2023] NZIACDT 28 — YI v MM

Immigration Advisers Complaints and Disciplinary Tribunal · decided 8 November 2023

The tribunal's published summary

Diligence and due care / professional responsibilities and professional practice / Code of Conduct 2014, cl1, cl2e, cl17b, cl26c / HELD / no breach of cl1 / INZ wrongly declined complainant’s partnership resident visa application as it failed to assess evidence of relationship being maintained during brief period of separation / adviser failed to advise complainant the risk of separation to satisfying ‘living together’ criterion / however, adviser did identify risk of decline from separation / no breach of cl2e / adviser adequately informed complainant of key risk of separation / any breach not sufficient to justify disciplinary response / no breach of cl17b / best way to facilitate client access to Code is to provide hard or electronic copy / however, cl17b only requires advice on how to access Code / adviser’s offer to provide copy of Code upon request sufficient / no breach of cl26c / Registrar did not identify any material discussions not confirmed in writing / complaint dismissed

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.