[2024] NZIACDT 19, SC v Murthy (Nirmala K Murthy)

“Sanctions / adviser failed to recognise complainant’s ineligibility for visa / failed to obtain complete file before application / failed to recognise that visa application was futile and to obtain complainant’s written consent / failed to conduct oneself with professionalism, diligence and due care / negligence / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl9 / HELD / sixth appearance before Tribunal / moderate to serious gravity of offending in totality / wrongdoing occurred prior to training directed by Tribunal arising from separate proceedings / adviser commended for new extensive systems introduced to reduce risk of ‘paperwork’ offending / demonstrated insight into failings by taking practical steps to improve processes / further training not necessary / notwithstanding lack of apology, threshold for suspension not met / adviser censured / ordered to pay $6,000 financial penalty / ordered to pay $4,660 in compensation and refund”