An immigration adviser has been found in breach of the law after rubber stamping applications, without taking instructions directly from the client. Photo: RNZ / Yiting Lin
An immigration adviser says she was naïve in filing visa applications for Chinese workers who later found their promised jobs did not exist.
Xinru Wendy Wen appeared before the Immigration Advisers Complaints and Disciplinary Tribunal in three cases of rubber stamping applications, where she had not taken clients' instructions.
The tribunal found Wen, director of Auckland's NEO Education and Immigration Services, had breached 27 professional obligations and was fined $11,000. She was provisionally licensed at the time of the breaches, but was now fully licensed.
She had no written agreement with them, and only communicated with their overseas agents.
"She realised her errors and had learned a great deal from the complaints process," said the tribunal's summary. "Ms Wen acknowledges being naïve about the arrangement with the agent and that her lack of experience created a dangerous situation for the client. She had no idea that the arrangement was part of an immigration scam against the client.
"While there is no evidence Ms Wen knew of the immigration scam perpetrated on the client, her mode of conducting her services (excluding the client) enhanced the risk of fraud."
One of the migrants said he paid $17,000 for a job and visa. "He was told there was a lot of work in New Zealand and he would earn a lot of money." The tribunal was told she later contacted him, offered him compensation and asked him to withdraw his complaint.
It found a high degree of negligence and that she had "contributed to creating an environment whereby fraud could be perpetrated on the complainant by the agent or others".
She had not apologised, but now recognised the significance of her wrongdoing and had taken "comprehensive" steps to ensure it did not happen again, including taking on more student visas than work visas. "She has stopped cooperation with such agents, as she has found she cannot trust what they say," the tribunal said.
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