[2024] NZIACDT 28, EM v Ma (Tzu-Tong Jane Ma)

“Sanctions / adviser permitted unlicensed agent to perform work required to be undertaken by the licensed adviser / no recorded written communications during engagement / eight breaches of Code / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl18b, cl26aiii, cl26b, cl26c, cl31a / 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 / partial, rather than complete, ‘rubber stamping’ / moderate gravity of misconduct / second appearance before Tribunal / adviser apologised for misconduct / unclear whether adviser understands obligation to engage directly with client and document communications / no evidence of dishonesty / adviser censured / no modification to ongoing suspension order required / directed to undertake training / $5,000 financial penalty”