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WA2.40 Considering an application for employer accreditation

  1. 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).
  2. 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.
  3. 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:
    1. all the circumstances of the application; and
    2. the objectives of the instructions; and
    3. the situation of the employer.
  4. 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

  1. There is no statutory right of appeal against the decision to decline an employer accreditation application under these instructions.
  2. 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.
  3. Where the request is accepted, the application should be reconsidered:
    1. under the employer accreditation instructions applying to the original application; and
    2. by another immigration officer to the one who made the decision to decline the application.
  4. 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.
  5. 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.
  6. A fee for reconsideration of an employer accreditation application must be paid.

Effective 23/05/2022

IN THIS SECTION

WA2.1 Overview

WA2.5 Applying for employer accreditation

WA2.10 Requirements for all employers

WA2.15 Requirements for Standard Accreditation

WA2.20 Requirements for employers using triangular employment arrangements

WA2.25 Requirements for franchisee employers

WA2.30 Subsequent applications for employer accreditation

WA2.35 Processing and verification requirements

WA2.45 Currency and approval specifications of employer accreditation

WA2.50 Verification activities after accreditation has been granted

WA2.55 Suspending and revoking employer accreditation

WA2.60 Definitions

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