Immigration advisor took fees without doing work

File photo / NZ Herald

An immigration advisor took fees of more than $1000 from four separate clients but failed to carry out the work.

Four complaints against Gregory Francisco Smith were heard by the Immigration Advisors' Complaints and Disciplinary Tribunal in February, each in relation to clients whose visa applications had never been processed.

In the first case, Smith was paid $1,223, and completed some work but failed to lodge a visa application.

In another he was paid $1200 and failed to complete the application, leading to the client being in New Zealand unlawfully. He told the client the matter was still being processed four months after it had been declined because of his inaction.

Two further clients paid $1500 and $1084 for work that was not completed.

The tribunal said in each of the cases that Smith had failed to provide any explanation or justification for the lapses.

He was found to have made several breaches of the code of conduct. Further submissions will be heard before a decision is made on penalty.

Possible penalties include a fine, loss of licence, and award of compensation.

Immigration advisor Alungamonu (Laki) Tangilanu (Monu) was sanctioned for cases in which she was found to have breached the code of conduct.

In both cases Tangilanu failed to properly complete applications or file them promptly.

She had "not taken responsibility for her indefensible behaviour across a large number of complaints", the tribunal said.

She was censured, ordered to refund fees and repay penalties.

The tribunal had previously cancelled Ms Tangilanu's licence and ordered that she could not reapply for two years, the maximum penalty.

To reapply for a licence, she would have to requalify, and be considered fit to hold a licence. "Ms Tangilanu is on any realistic view permanently excluded from the profession," the tribunal said.

Sanctions were also imposed against two other advisors, Alyssa Lopez Tan and Yijun (Alex) Hu for breaches of the code of conduct.

Both were censured and ordered to pay refunds and penalties. Ms Tan's licence had already been cancelled following a previous complaint.