'There has been a systematic failure to adhere to the Code and uphold basic standards'
Licensed immigration adviser John Lawlor has been fined and banned from reapplying for any licence for two years, as reported in an article by Scoop.
Lawlor was found to have given incorrect advice to a client following a case that was opened in July 2023 due to a complaint by the client.
According to the case files, Lawlor had advised the client that there was no restriction when it comes to overseas travel during the processing of the residence visa application that he was lodging for her. Since the applicant left the country, her application was declined by Immigration New Zealand.
Lawlor also failed to respond to the letter sent by Immigration New Zealand regarding the situation, according to the Scoop article, and he did not give updates or invoices for the charged fees to the client.
HR professionals have a crucial role to play in organisations as the New Zealand government introduces changes to the Accredited Employer Work Visa (AEWV) scheme, according to an immigration adviser speaking to HRD.
‘Systemic failure’ cited by tribunal
Since this was the fifth complaint filed against Lawlor that was upheld by the Immigration Advisers Complaints & Disciplinary Tribunal, David Plunkett, the Tribunal’s chair, stated that the advisor seemed to have not learned from the previous disciplinary proceedings he was subjected to.
“There has been a systematic failure to adhere to the Code and uphold basic standards. The gravity of conduct is serious and could be towards the higher end of the spectrum,” said Plunkett in the Scoop article.
Duncan Connor, the registrar of Immigration Advisers, expressed his delight in seeing Lawlor be held accountable for his actions.
“Lawlor’s lack of care cost his client the opportunity for residence in New Zealand. His incorrect advice and his subsequent inaction clearly show that he was not only negligent, but that he completely disregarded the consequence of his actions,” said Connor.
“The multiple complaints against Mr Lawlor show that he did not have the basic immigration knowledge expected of a Licensed Advisor. The Authority takes this sort of negligence seriously, and those not holding up the standards of the profession can expect to be held to account,” he added in the Scoop article.
Lawlor is ordered to refund $6,660 to his client because of multiple breaches of the Immigration Advisers Licensing Act 2007 and the Immigration Advisers Code of Conduct 2014. He will also need to pay $5,000 to the Immigration Advisers Authority.
