'The involvement of a licensed adviser in creating such a scam is to be condemned,' tribunal says
A New Zealand immigration adviser has had her licence permanently cancelled following findings of dishonesty and multiple breaches of professional conduct standards.
The Immigration Advisers Complaints and Disciplinary Tribunal issued its sanctions decision against Qian Yu, also known as Heidi Castelucci, after being found to have created fake employment contracts, charged illegal premiums, and coached a client to breach visa conditions while concealing the violations from authorities.
Fake job introduced
The case centred on complainant ZX, a Chinese national who engaged Yu in October 2023 to secure a work visa.
Yu arranged employment with Liberty Consulting Group Ltd, an immigration agency where she worked and which was owned by her husband.
The Tribunal found that Yu presented a fraudulent employment contract to Immigration New Zealand for an administrative position that never genuinely existed.
After ZX arrived in New Zealand in 2024 following visa approval, he discovered the promised role was non-existent.
"He was required to transport Ms Yu's children to and from school," the decision stated, describing his actual duties.
The scheme deepened when Yu terminated ZX's employment in July 2024, then convinced him to sign a resignation letter with promises of a managerial position at double the salary.
However, this role was fabricated, requiring ZX to pay his own salary and tax while also paying Yu an unlawful premium of NZD70,000 for the position.
"Ms Yu told the complainant to find other employment and advised him as to how to hide it from Immigration NZ," the tribunal said.
"Her advice about hiding it showed she knew telling him to find another job was unlawful (it was contrary to his visa and the relevant legislation). This advice and her failure to inform the complainant it was unlawful and a breach of his visa conditions, was dishonest."
'Upper end of serious' misconduct
In its sanctions decision, the Tribunal condemned Yu's conduct in the strongest terms, finding "the gravity of the misconduct here is at the upper end of serious."
"The integrity of the immigration system is compromised by fake jobs. They strike at the heart of the system and public trust in it," the decision stated.
"The involvement of a licensed adviser in creating such a scam is to be condemned."
The Tribunal noted that Yu had been paid a total of NZD22,000 by the complainant, which it described as "extraordinarily high" for professional immigration services, with reasonable fees typically ranging from NZD2,000 to NZD5,000.
Yu's conduct was found to breach seven professional obligations, including failing to provide written agreements, failing to comply with supervision requirements, and failing to cooperate with the disciplinary investigation.
Mitigating circumstances rejected
In her submissions, Yu cited medical issues, family bereavement, and media harassment as explanations for her conduct and non-cooperation with authorities.
However, the Tribunal found these circumstances, which occurred after the scheme was established, did not justify her actions.
"It does not explain the fake employment arrangements at her husband's company or coaching the complainant about how to unlawfully support himself and hide his real work and the income," the decision stated.
The Tribunal also noted that five additional complaints involving dishonesty had been upheld against Yu, though sanctions for those matters have yet to be determined.
Permanent cancellation necessary
The sanctions imposed include censure, immediate licence cancellation, a two-year prohibition on reapplication, and a financial penalty of NZD4,000.
The Tribunal rejected Yu's proposal for continued practice under supervision, noting "she has proven she does not comply with supervision agreements."
"It is in the interests of the public and proportional to the wrongdoing to cancel Ms Yu's licence," the Tribunal concluded.
