WA2.40 Considering an application for employer accreditation
- Employers submitting an employer accreditation application will be given the opportunity to comment before a decision to decline an application is made on the basis of any potentially prejudicial information (PPI).
- For the purpose of assessing employer accreditation applications, PPI is factual information or material that will or may adversely affect the outcome of the application.
- If an application fails to meet the requirements of the employer accreditation instructions, immigration officers may consider if a waiver of specific requirements in these instructions is appropriate, taking into account:
- all the circumstances of the application; and
- the objectives of the instructions; and
- the situation of the employer.
- Any decision to waive specific requirements in these instructions must be approved by an Immigration Manager or higher.
WA2.40.1 Reconsideration process for employer accreditation applications that are declined
- There is no statutory right of appeal against the decision to decline an employer accreditation application under these instructions.
- INZ may reconsider a declined employer accreditation application where the reconsideration request is made within 14 calendar days of the date of decision on the application.
- Where the request is accepted, the application should be reconsidered:
- under the employer accreditation instructions applying to the original application; and
- by another immigration officer to the one who made the decision to decline the application.
- An immigration officer is not obligated to consider new information that is provided with a request for reconsideration, or a change in circumstances that occurred after the decision on the employer accreditation application was made.
- In deciding whether to consider new information that is provided with a request for reconsideration, or a change in circumstances, an immigration officer should consider whether these would be better considered as part of a new application.
- A fee for reconsideration of an employer accreditation application must be paid.
Effective 23/05/2022
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