Immigration adviser's 'incompetent' actions

A complaint has been upheld against an immigration adviser who filed seven failed requests for the same client on the same grounds - an action amounting to "incompetence".

The upheld complaint against the unnamed adviser was one of a several decisions published by the Immigration Advisers Complaints and Disciplinary Tribunal this week.

The grounds for each of the seven requests made by the adviser were the same, and each failed, the decision stated.

"Namely the complainant wanted to test her eligibility for residence under the family category."

Tribunal chairman Grant Pearson said the agent's conduct with the client amounted to incompetence.

"To lodge requests repeatedly on the same basis, ignoring the negative outcome, is not acceptable or effective. It amounts to a waste of time and effort for those processing the request and at best does not assist the person who is the subject of the request.

"Having made repeated hopeless requests on the same basis, the adviser then made two hopeless complaints before attempting to lodge an appeal out of time."

The complainant could have potentially gained residence in New Zealand, but it wasn't possible while she remained in the country, Mr Pearson said.

Responses from Immigration New Zealand and the relevant Minister made it clear why his actions were inappropriate, but the adviser persisted, the decision read.

Prolonging her stay was not in the complainant's interests and resulted in the Associate Immigration Minister requesting her deportation be a top priority, the decision stated.

The complainant also paid the adviser a $550 filing fee for an appeal filed out of time which should have been refunded, Mr Pearson said.

The Tribunal subsequently upheld the complaint. Sanctions against the adviser had yet to be determined.

In other decisions published this week:

* A complaint against adviser Ueite (Itaotemai) Letalu has been upheld after he did not apply for the visa until 20 months after he was paid $1680 by a client. The woman wanted to apply for a visa on the grounds that her daughter was a New Zealand citizen.

* A complaint was upheld against Kenneth Fernyhough after his former wife undertook unlawful immigration work from his former office, dishonestly taking $15,000 from a couple seeking residency visas.

* A complaint against Osama (Sam) Hammadieh was upheld after he charged a client $360 per hour, provided them with erroneous information regarding their prospects of success and requested payment for work he had not been asked to do.

* Numerous complaints against Alungamonu Tangilanu have been upheld after she charged a number of clients hundreds of dollars for work she never completed before her licence expired.