A licensed immigration adviser has been censured and banned from reapplying for any licence for a period of two years following a complaint made by a former client of his.
In a decision delivered on 19 July 2024, the Immigration Advisers Authority has ordered Immigration Advisor John Desmond Lawlor to refund $6,660 to his client due to multiple breaches of the Immigration Advisers Licensing Act 2007 (the Act) and the Immigration Advisers Code of Conduct 2014. Lawlor must also pay $5,000 to the IAA.
The case against Lawlor was opened in July 2023, in response to a complaint made by a former client of his.
Lawlor, who had lodged a residence visa application for his client, advised his client twice that there was no restriction on overseas travel during the processing of the visa. This was incorrect advice. Because the applicant left New Zealand, her visa application was declined by Immigration New Zealand.
He further failed to fully respond to Immigration New Zealand’s letter raising the concern about the client being offshore during the lodgement of his visa application. He did not provide timely updates to his client, nor did he provide any invoices for the fees charged.
Noting this was the fifth complaint against Lawlor upheld by the Tribunal, Chair David Plunkett said that it appeared that Lawlor has not learned from the previous disciplinary proceedings.
“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,” Plunkett said.
Registrar of Immigration Advisers, Duncan Connor, said he is pleased to see Lawlor being held to account for not meeting the standards required of a Licensed Advisor.
“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 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.”
