A client engaged and paid for my employment and immigration…

Date

Allegation

Actual Event

Comment

Jurisdiction

March 2009

“Engaged to source job offer and submit the residency application”.

Engaged Ltd to a) find a company prepared to offer employment and b) prepare residency application for lodgement.

Payments were made for employment services on 02 April 2009. “No-refund” agreement signed by complainant (evidence enclosed from complainant).

No Licensed Immigration Adviser involved. Outside the jurisdiction of IAA and Tribunal.

May 2009

N/A

Immigration Advisers Licensing Law Royal Assent

N/A

N/A

June 2009

N/A

With client consent, all immigration requirements handled by a practising lawyer (licence exempt).

Clients advised of change of circumstances.

No Licensed Immigration Adviser involved. Outside the jurisdiction of IAA and Tribunal.

July 2009

“Completed the medical tests and police clearance certificates for my brother ()”

Unknown.

This claim is just a statement. Cannot comment as there is no evidence for or against this happening.

No Licensed Immigration Adviser involved. Outside the jurisdiction of the IAA and Tribunal

August 2009

“All the medical tests expired and x could not submit the application because in every visit he would ask for a new document from Afghanistan”

Working as an assistant to the lawyer, I am aware that the complainant was in the first instance given a set of instructions. However, with each visit, documents required for successful lodgement were missing.

The lawyer was responsible for all immigration matters. If indeed the complainant had grounds for complaint; these would fall under the jurisdiction of the Law Society.

No Licensed Immigration Adviser involved. Outside the jurisdiction of IAA and Tribunal.

March 2010

“Submitted the application to NZ immigration but the application was not accepted as x did not know the correct application fee”

It was the lawyer who lodged the application. Only the lawyer had authority to do so (see INZ records for proof).

The lawyer was responsible for all immigration matters. If indeed the complainant had grounds for complaint; these would fall under the jurisdiction of the Law Society. Whether or not x knew the correct application fee is irrelevant. However, the RFL was not due to an incorrect application fee – see enclosed receipt for $700 - 11/3/2010 and RFL letter - 27/3/2010. The complainant’s bizarre accusation is hereby demonstrated to be totally unfounded.

No Licensed Immigration Adviser involved. Outside the jurisdiction of IAA and Tribunal.

June 2010

“When I called to follow up I was told (by x) that the application has been returned and that we have to pay more and translate some more documents”

He called as he would have been instructed (by left message or text) regarding RFL. Translators will charge for their services. Complainant’s first language is not English. I am not aware of the lawyer asking for extra fees, so I can only conclude that the complainant meant, ‘...we have to pay more TO translate some more documents...’ (not AND).

The lawyer was responsible for all immigration matters. If indeed the complainant had grounds for complaint; these would fall under the jurisdiction of the Law Society.

No Licensed Immigration Adviser involved. Outside the jurisdiction of IAA and Tribunal.

February 2011

N/A

Complainant signs written agreement as required by the Code.

N/A

N/A

March 2011

“From June 2010 to this date I had set many appointments with x and every time he was trying to delay the case so he can get his license”

In May 2010, the lawyer terminated my employment agreement. Therefore (there were no appointments) I simply explained that I would not be able to give immigration advice until I held a licence. In November 2010 I was able to start giving advice. However, the complainant did not contact me until March 2011.

I was fully aware (refer @ IAA) that I could not give immigration advice without a licence. Despite the complainant’s protestations, I refused to break the law.

No Licensed Immigration Adviser involved for the majority of this time. Outside the jurisdiction of IAA and Tribunal.

March 2011

“I asked him to submit the medical tests which was submitted in March 2010 because the medical tests were stamped by NZ immigration as SEEN AND RECEIVED”

Yes, as he said, he asked me to submit the medical tests (which had long expired). Therefore, complying with the Code (2.2) regarding vexatious applications, I obtained written acknowledgement from the client that he had been advised not to lodge (enclosed).

We are now in the jurisdiction of the IAA/Tribunal. My response here is exactly what the Code demands and demonstrates my complete compliance. The complainant is demonstrating his lack of understanding of immigration law and is actually complaining about INZ policy – and blaming me for it.

Licensed Immigration Adviser involved. Within the jurisdiction of IAA and Tribunal.

March 2011

“and x did not know if the tests are still valid. ..”

Of course I knew they were invalid. This is why I obtained written acknowledgement from the client that he had been advised not to lodge (enclosed). As required by the Code.

This is a blatant lie and an attempt to mislead the Tribunal by not including or even mentioning his copy of the disclaimer.

Licensed Immigration Adviser involved. Within the jurisdiction of IAA and Tribunal.

April 2011

“Received a reply from NZ immigration and they did not accept the application.”

RFL’d as expected and client advised.

Licensed Immigration Adviser involved. Within the jurisdiction of IAA and Tribunal.

April 2011

“I was told to arrange for a new medical test report for my brother and his family”

This would be part of the requirement for a successful lodgement.

Licensed Immigration Adviser involved. Within the jurisdiction of IAA and Tribunal.

May 2011

N/A

Complainant uplifts all documents. (email 18/4/12)

Further communication not expected.

N/A

December 2011

“The medical certificate and police clearance certificate were ready in Afghanistan and I started contacting x to inform him the progress.

He never contacted me. This claim is extremely interesting as the complainant two months later claims he “could not contact me” when I’d already moved in June 2011 to my current location (See IAA records).

So if he contacted me in December 2011, his claim that he could not contact me (same contact details) in February 2012 is a blatant lie!

Licensed Immigration Adviser involved. Within the jurisdiction of IAA and Tribunal.

February 2012

“After so many phone calls and text messages I could not contact x. Then through a friend I found out about your website and then I searched aboutx and his new contact number and address. This was the third time he had changed address and phone numbers without informing us.

In February (or March) 2012 he did unexpectedly contact me. This is very strange as he previously claims to have contacted me in December 2011 (when my contact details were identical). IAA records will show that my phone number changed only once around June 2011.

So was the complainant lying about December 2011 or February 2012...or both. Surely this is enough now to put complainant’s credibility in to question.

Licensed Immigration Adviser involved. Within the jurisdiction of IAA and Tribunal.

February 2012

“Contacted x over the phone and he refused to provide any assistance saying that previous company is ceased and x has no liabilities toward us”.

I don’t recall the exact time of the call. I do recall explaining the difference between a sole trader and a limited liability and that the company he had originally done business with had long ceased to exist.

I attempted to explain that my involvement with the company which he originally paid money to had ceased prior to my becoming licensed. In addition that company had ceased trading.

Although licensed at the time of discussion. The topic of discussion referred to a time when no Licensed Immigration Adviser was involved. Therefore, outside the jurisdiction of IAA and Tribunal.

February 2012

“Contacted x and set an appointment with him in his new address. On the appointment day x was not present instead a lady named y and a young boy whose name I do not remember as they had no business card was introduced as immigration advisor. I explained all the details and they said we make sure x complete your application and we will contact you back in one week”

I no longer considered the complainant to be a customer (since he had uplifted all of his documents) and was happy to let my assistants deal with him. Both people had business cards. y is my personal partner who also assists me as a translator as 95% of my clients are Samoan speaking.

z, also Samoan, was also present. z also assists with translation and administration. Both y and z are very aware that they must NEVER give immigration advice. z is not a , “young boy” he is a 28 year old adult and there is no way he would introduce himself as an immigration adviser (affidavit enclosed). I Totally dispute the claim.

Yet another absurd accusation from the complainant; putting his credibility into further doubt.

Licensed Immigration Adviser involved. Within the jurisdiction of IAA and Tribunal.

March 2012

“A month passed and did not hear anything from them. x was not receiving any of my calls or my messages and when I contacted y (his new partner) she was still trying to delay and asking for another two weeks to discuss the case with x. I accepted and also asked them to deposite the application fee NZ$1200 back in my account as I started doubting them. Then I received an email from x saying that he will return the money by doing me a favour but then he will terminate the contract at this point and provide no more service or refund”

This is just more nonsense. I had offered (in good faith and under no obligation) to give the complainant some of the money he had paid to a limited company in 2009. However, he declined the offer and said he would go to the tribunal for reimbursement (see email 15/5/2012). He later ordered me by text to complete his application, get a job offer and not be his immigration agent.

More unreasonable behaviour including instructing me to break the law.

Although licensed at the time of discussion. The topic of discussion referred to a time when no Licensed Immigration Adviser was involved. Therefore, outside the jurisdiction of IAA and Tribunal.

RESOLUTION

I want the reimbursement of the application fee (NZ$1200), successful application submission fee (NZ$600) and a confirmation that the job offer provided to my brother is genuine and still valid. If not, I want a full reimbursement of job offer fee (NZ$3000) and a strict action against x for misleading us and giving us stress by endangering my brother’s life while delaying his application submission and making him live in Afghanistan where human rights get violated every day.

The resolution refers to alleged transactions prior to licensing and is therefore outside of the Tribunal’s jurisdiction. The delays referred to in the second part of the resolution have been proven to have been caused (since licensing) by the complainant insisting on lodgement of expired documents - He has complained that “...medical tests were stamped by NZ immigration as SEEN AND RECEIVED”. Implying that INZ should have accepted them even though they had expired and it was somehow my fault that they didn’t. After RFL he uplifted his documents and did not contact me again until nearly a year later. He also states in his email of 18 April 2012 that getting medicals and PCC takes 6-8 months.

I also note in section 3 of the complaint, misleading behaviour is not selected. However, the complainant’s resolution refers to,” x misleading us.”