Licensed Immigration Adviser Fined And Prevented From Reapplying For Licence For Two Years

Licensed Immigration Adviser John Lawlor has been censured and prevented from reapplying for any licence for a period of two years.

He has been ordered 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. Mr Lawlor must also pay $5,000 to the Immigration Advisers Authority (the Authority).

The Tribunal decision delivered on 19 July 2024 is the fifth decision against Mr Lawlor since May 2023.

The case against Mr Lawlor was opened in July 2023, in response to a complaint made by a former client of his.

Mr 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.

Mr Lawlor 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 Mr Lawlor upheld by the Tribunal, Chair David Plunkett said that it appeared that Mr Lawlor has not learned from the previous disciplinary proceedings.

He noted that, “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.”

Registrar of Immigration Advisers, Duncan Connor, said he is pleased to see Mr Lawlor being held to account for not meeting the standards required of a Licensed Advisor.

“Mr 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.”

The Authority’s online register of licensed immigration advisers is available for those who want to search for a licensed immigration adviser. More information on the Authority can be found on the website. New Zealand Immigration Advisers Authority | iaa.govt.nz.

Migrants who are concerned about the service they have received from a Licensed Immigration Adviser can contact the Authority and lodge a complaint.

The Authority also investigates complaints made by the public about individuals who provide immigration advice without a licence. Individuals found breaking the law can face up to seven years in prison and a fine of up to $100,000.

Notes - Case details and timelines:

19 July 2024: Immigration Advisers Complaints and Disciplinary Tribunal (Tribunal) cancels Immigration Advisor John Desmond Lawlor’s licence and banned him from reapplying for 2 years. Mr Lawlor is censured and ordered to pay $6,600 refund and $5,000 to the IAA Registrar in one month.

12 March 2024: The Tribunal banned him from reapplying for a licence for two years. He was censured and ordered to $7,000 penalty in one month.

25 August 2023: The Tribunal banned him from reapplying for a licence for two years. He was censured and ordered to pay IAA Registrar $7,000 and complainant a refund of $3,495 in one month.

9 May 2023: The Tribunal censured him and ordered him to pay $3,000 penalty and $2,000 compensation to the client.

7 January 2023: Mr Lawlor’s Immigration Adviser’s licence expired.

29 June 2022: The Tribunal censured him and ordered him to pay $2,000 penalty.

© Scoop Media