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Mizoguchi v Kashimoto [2017] NZDC 11949

Published 14 December 2017

Sentencing — appeal — illegal contract — Immigration Advisers Complaints and Disciplinary Tribunal — The Immigration Advisers Licensing Act 2007 — The Licensed Immigration Advisers Code of Conduct 2014. This was an appeal of a decision made by the Immigration Advisers Complaints and Disciplinary Tribunal imposing sanctions on the appellant who was an immigration adviser. The court noted that as there was no general right of appeal, that the Court should be slow to interfere with the Tribunal's decision, and set out what an applicant would need to be able to establish in order for the Court to act. The court found that the defendants conduct was deplorable but considered that it should not have awarded costs to the complainant, a refund and a monetary penalty as well as a cancellation of licence. The appeal was partially successful in that whilst the court upheld some of the sanctions imposed, others were varied. Judgment Date: 2 June 2017

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