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Immigration Advisers Licensing Act 2007

Regulation of immigration advisers - Complaints and disciplinary procedures

54: Appeal to Tribunal against determination by Registrar to reject complaint

You could also call this:

“You can ask the Tribunal to check if your complaint should be looked at”

If you make a complaint about an immigration adviser and the Registrar decides not to look into it, you can ask the Tribunal to review this decision. You have 20 working days after you get the notice from the Registrar to do this. To appeal, you need to write to the Tribunal saying you want to appeal. You should include a copy of the notice the Registrar sent you and any other information you want the Tribunal to think about.

After looking at your appeal, the Tribunal can do a few things. They might say no to your appeal. Or they might say the Registrar was wrong, but still not look into your complaint for a different reason. They could also decide to hear your complaint themselves and tell the Registrar to get it ready for the Tribunal. Another option is that they might tell the Registrar to ask for more information about your complaint.

Whatever the Tribunal decides about your appeal is final. This means you can’t appeal their decision again.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM407361.

Topics:
Immigration and citizenship > Visas Crime and justice > Courts and legal help
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53: Suspension of licence pending outcome of complaint, or

"The adviser's licence can be put on hold if someone complains about them"

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55: Appeal to Tribunal against determination by Registrar to cancel licence, or

"You can challenge a decision to cancel your adviser licence"

Part 1 Regulation of immigration advisers
Complaints and disciplinary procedures

54Appeal to Tribunal against determination by Registrar to reject complaint

  1. A complainant may appeal to the Tribunal against a determination of the Registrar to reject or not pursue a complaint under section 45(1)(b) or (c) within 20 working days after the date of the notice given under section 45(5).

  2. The appeal is by way of written notice to the Tribunal of the complainant's intention to appeal, accompanied by—

  3. a copy of the notice given to the complainant under section 45(5); and
    1. such other information as the complainant wishes the Tribunal to consider in relation to the appeal.

      1. After considering the appeal, the Tribunal may—

      2. reject the appeal; or
        1. determine that the decision of the Registrar was incorrect, but nevertheless reject the complaint upon another ground; or
          1. determine that it should hear the complaint, and direct the Registrar to prepare the complaint for filing with the Tribunal; or
            1. determine that the Registrar should make a request under section 45(1)(d).

              1. A decision on an appeal under this section is final.