[2024] NZIACDT 24, FM v Yang (Xi Yang)

“Sanctions / adviser permitted unlicensed agent to perform work required to be undertaken by the licensed adviser / eight to nine breaches of Code / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl17a, cl17a, cl18b, cl22, cl23, cl26b and cl26c / HELD / breach of fundamental obligation of advisers to personally engage with visa applicant / enabling agent to deal exclusively with complainant contributed to creating an environment for fraud to be perpetrated despite attendance to substantive immigration issues / moderate gravity of misconduct / first appearance before Tribunal / co-operated throughout complaint process but consistently denied wrongdoing / since expressed remorse and implemented new procedures to prevent wrongdoing / further training not required / breach of core obligation warrants censure / lower end of moderate penalty appropriate / refund or compensation not sought / adviser censured / ordered to pay $3,000 financial penalty”