In our analysis of these decisions we referred to policy, taking the following into account: Under each of the requirements listed above, there is a list of factors that an immigration officer may consider in determining whether an employer has made the said requirement.
It is noted that the wording of the policy under WR1.25.5 makes it quite clear that this list is not conclusive.
Clearly, an officer is gifted with exercising discretion when assessing an application; but, an officer must also exercise a holistic approach by exploring alternatives when determining whether the organisation meets the requirement.
Therefore, INZ must question whether there is a need for a diversity policy within a small company.
The positions to which those individuals would be recruited utilising the accreditation status, will be roles within the company which will not undermine the conditions of local workers based onshore.
WR1.25.5 of the instructions discusses what a case officer must consider when determining an application for accreditation.The premise behind most applications for accreditation is a company’s anticipation of its future needs to recruit staff from offshore – an ongoing dilemma for many given the dearth of suitably skilled workers in the local labour market.Having successfully achieved accreditation, an employer then becomes a ‘trusted partner’ of INZ.We note for example: In determining whether employers have good workplace practices, an immigration officer may take into account such factors as: The policy does not ask the officer to assess these factors collectively because it does not say that the officers must consider the first four factors.Therefore, these factors can be considered individually when arriving at a decision.The ‘high standard’ threshold is a comparative one, consequently it must be compared against other employers within the same industry.If we apply this to practice, we can simply ask INZ to select any small business at random and query whether this business has “HR policies and process of a high standard”.The premise behind most applications for accreditation is a company’s anticipation of its future needs to recruit talented staff from offshore due to increasing difficulty in finding candidates with suitable skills within the local labour market.Having accreditation status allows companies the flexibility to hire offshore workers.Additionally, a lack thereof does not mean that an employer does not have good workplace practices.The same applies to having HR policies of a “high standard”.