An immigration adviser who deceived clients and threatened one with repercussions for complaining, has been suspended and ordered to pay compensation.
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The Immigration Advisers Complaints and Disciplinary Tribunal found Wei-Xiang Shawn Tan engaged in overt dishonesty and misleading behaviour included fabrications regarding Immigration New Zealand.
The tribunal also upheld a complaint about Mr Tan, who is now a law student, failing to properly deal with a long-term business visa application process.
The effect of not providing proper guidance and advice was very serious for the complainant, and it was only good fortune that the difficulties were resolved, the tribunal was told.
"The lamentable matters raised in the three complaints may well affect career options that are open to Mr Tan," said the tribunal's decision.
"Unless there is some significant change in circumstances, Mr Tan is no longer a member of the profession, and is unlikely to return. His disciplinary history may be a permanent barrier.
"However, that is a matter for the Registrar, not this Tribunal. The complaints would likely affect his opportunities to pursue a legal career if he sought to do so."
The tribunal described the "abuse of his status as a licensed immigration adviser in the course of his client relationship" to be sustained and egregious.
It heard he covered up his deceit by making threats.
He said he would report his client to "the relevant authorities" if he did not pay fees, saying a "non-citizen" had no right to make defamatory and inflammatory accusations against him as an "actual citizen".
Mr Tan engaged in a sustained process of denigration, made threats and provided false information over a long period of time, the tribunal ruled.
He told one client his application was pending, when in fact Immigration New Zealand had declined it some two years earlier.
Mr Tan said another advisor, who earlier lost her licence, was responsible.
He said one client's immigration difficulties arose due to him not being entitled to a visa, and some element of aggravation due to remaining in New Zealand without a visa and that those issues arose before Mr Tan held a licence.
He said the company that operated the Auckland practice was not trading and accumulated tax losses of about $25,000.
The tribunal said it was conscious he was without employment and savings as a full-time student, but noted his victims might instead expect he would be working to repay them.
It ordered him to pay compensation and refunds of $12,500 to three clients and $2000 in penalties. It censured Mr Tan and ruled he should be prohibited from holding a licence until he has undergone training.
