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Ministry of Business Innovation and Employment v Hanif [2018] NZDC 20076

Published 05 June 2019

Sentencing — supplying false or misleading information to an immigration officer — unlawful immigrant labour — visitor visas — application for discharge without conviction. The defendant appeared for sentence after being found guilty of five counts of supplying false or misleading information to an immigration officer. The defendant was an immigration lawyer who had assisted an illegal scheme involving individuals who were working in New Zealand while on visitor visas. He had helped them to extend their visitor visas in spite of it being obvious that they were in the country working. The defendant applied to be discharged without conviction, saying that it was a trivial matter, that he had no previous convictions, and that a conviction would jeopardise his work as a barrister. The Court dismissed the application, saying it was up to the Law Society to decide whether or not to renew his practising certificate. The aggravating features of the offending were the seriousness and premeditation of the offending, and the fact that it continued over an eight-month period. The defendant was entitled to no discounts for remorse or good character. However given the defendant's age and lack of previous convictions, the Court imposed a sentence of 10 months' home detention with six months' post-detention conditions. The defendant was also ordered to pay reparations of $1575 and costs of $7939.29. Judgment Date: 21 September 2018. * * * Note: names have been changed to comply with legal requirements. * * *