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Fu v Immigration Advisers Authority [2020] NZDC 22922

Published 07 March 2022

Appeal against decision — Immigration Advisers Authority — immigration adviser licence — disciplinary proceedings — Immigration Advisers Licensing Act 2007, ss 17, 18, 19(2)(c), 20-26, 35, 36, 51(3), 81 & 84 — District Court Rules 2014, rr 18.20, 18.24 — NTT v Gong [2019] NZIACDT 65 — Austin v Registrar of Immigration Advisers DC Auckland CIV-2009-004-001116, 15 February 2010 — Nagra v Registrar of Immigration Advisers HC Auckland CIV-2010-404-004045, 11 March 2011 — NL v Joseph [2020] NZIACDT 16. This was an appeal, by way of rehearing, of a decision of the Registrar of the Immigration Advisers Authority declining to grant the appellant firstly, a full immigration adviser lience or, secondly, a provisional licence. A complaint had been upheld against the appellant, which resulted in the appellant being required to retrain by taking a course. The appellant took the course but failed the final examination, which he submitted was due to personal circumstances. Consequently the Authority declined to grant either a full or a provisional licence to the appellant. The relevant legislative provisions and case law supported the view that the appellant should have been granted a provisional licence as he had met the minimum standard of competence. The appeal was therefore granted in respect of the second ground. Judgment Date: 5 November 2020.

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