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About New Zealand Migration International (NZMI)

With over 70 Licensed Immigration Advisors, Registered Migration Agents and Immigration Lawyers, NZMI and its related corporate entities’ provids comprehensive, high quality immigration services for all sorts of visa applications for New Zealand. It provides immigration solutions and inspiring a better way for clients to get things done at the same time - at a fraction of the usual costs. New Zealand Migration International is a Government Licensed Immigration Agency (§1 AuswSG) under German law.

 

14.05.2019

NZMI released the following statement in reaction to a decision in favor of the IAA (Immigration Adviser Authority) case 017/18, a matter conducted before the Chair D J Plunket of the Immigration Advisers Complaints and Disciplinary Tribunal.

NZMI is disappointed with the Chair’s decision. The decision conflicts directly with both the Code of Conduct for Licensed Immigration Advisers in New Zealand and the German Federal Law (AuswSG). The IAA in this case presented the Tribunal with cherry-picked promotional material from a tiny fraction of evidence including laws and regulations available.

We have great understanding for the IAA seeking to protect consumers but the evidence in this case was clear:

  • The IAA maintain that only immigration advisers licensed by the New Zealand Government are allowed to provide immigration advice for New Zealand - anywhere in the world (including Germany).
  • If physically present in Germany, by German law (AuswSG) a New Zealand licensed adviser under the Act is not allowed to provide immigration advice for New Zealand.
  • Only advisers, licensed by the German Government, are allowed to provide immigration advice within Germany – for all destination countries, including New Zealand.
  • The German Government’s Federal Office of Administration is the relevant Regulator in Germany and publishes on its website all individuals and businesses who have been licensed to provide immigration advice for New Zealand within Germany.

The Tribunal has acknowledged both existing conflicts between

  • the New Zealand Immigration Act and Code of Conduct for licensed New Zealand Immigration Advisers residing and operating offshore (in Germany) and
  • German and New Zealand laws.

and states “….I do not intend to assess any conflict of laws issue myself. If material, they are for a higher court. I will accept the extra territorial provisions of the Act at face value...

 

The contrast between the Tribunal’s decision and relevant German Laws/conclusions from the Federal Office of Administration in Germany could not be more stark.

It appears, on the one hand the Tribunal and the IAA rely on the exercise of New Zealand’s sovereign authority and on the other hand deny Germany, German residents and licensed immigration advisers by the German Government and within Germany the very same rights.

Moreover, the IAA/Tribunal is imposing an occupational/professional/employment ban for all advisers licensed by the German Government within Germany and regulated by the German Office of Administration if they are not licensed by the New Zealand Government at the same time. This can only be described as discrimination of foreign firms and advisers licensed by the German Government residing in Germany.

As a result, a lawsuit as to the conflict of laws issue between German and New Zealand laws is currently pending with the relevant courts in Germany. Also, this litigation will take some time before it concludes, NZMI will continue to evaluate its legal strategies as it moves through the next phase of this litigation within New Zealand, which will be marked by review/appeals scheduled in different venues.

 

 

 

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