February 2025 Tribunal decisions
The Immigration Advisers Complaints and Disciplinary Tribunal has recently released 3 sanction decisions.
INZ v Tran [2025] NZIACDT 07
The Tribunal found that Mr Tran breached clauses 1, 2(e), 14, 17 (a), (b), (c) and 18(c) of the Code for:
- Failing to ensure the client’s signature was on the written contract, in breach of clauses 1 and 18(c).
- Failing to engage directly with the client to obtain and carry out her informed lawful instructions, in breach of clauses 1 and 2(e).
- Failing to provide the client evidence of being licensed, in breach of clauses 1 and 14.
- Failing to ensure the client was directly provided with the professional standards, internal complaints policy and the Code of Conduct, together with an explanation, in breach of clauses 17 (a), (b) and (c).
Mr Tran was censured and ordered to pay $4,000 to the Registrar within one month of the decision.
EM v Ma [2024] NZIACDT 28
The Tribunal found that Ms Ma breached clauses 1, 2(e), 14, 18 (b), 26(a)(iii), 26(b), 26(c) and 31(a) of the Code for:
- Failing to be conduct herself in a professional and diligent manner in failing to retain and provided to the Authority a record of written communications, in breach of clause 1.
- Failing to obtain the Complainant’s lawful instructions before proceeding with the visa application, in breach of clause 2(e).
- Failing to provide the Complainant evidence of being licensed, in breach of clause 14.
- Failing to explain all significant matters in the written agreement to the Complainant, in breach of clause 18(b).
- Failing to provide copies of all written communications between her and the Complainant to the Authority, in breach of clause 26(a)(iii).
- Failing to confirm in writing to the Complainant when the work visa application had been lodged and to make on-going timely updates, in breach of clause 26(b).
- Failing to confirm in writing to the Complainant the details of all material discussions, in breach of clause 26(c).
- Failing to declare that she had helped the Complainant with his visa application, in breach of clauses 1 and 31(a).
Ms Ma was censured, ordered to complete the LAWS 7015 paper at Toi Ohomai Institute of Technology at its next intake and ordered to pay $5,000 to the Registrar within one month of the decision.
QN v Nandan [2024] NZIACDT 26
The Tribunal found that Ms Nandan breached clauses 5 and 6 of the Code for failing to disclose in writing a conflict of interest to the Complainant and for failing to obtain the complainant’s written consent to represent the complainant, considering the conflict of interest that existed.
Ms Nandan was censured and ordered to pay the Registrar $2,500 within one month of the decision.
New decisions are appearing regularly and I encourage you to save the following link as a bookmark.
Recent Tribunal decisions(external link) — Ministry of Justice