The licensing system for migrant workers started out as a positive thing. In return for maintaining a good human resource system which captured any threats to immigration control it has now taken on a new rather alarming dimension. Initially it was left to an employer to decide how to keep records and where but now subjective decisions are made by officers on an inconsistent basis, minor infractions are being treated as serious problems and licences are being peremptorily revoked with very little recourse to a legal process. Of course the UKVI live in their ivory towers most of the time. Many have never worked in commercial businesses and their bureaucratic mindset is a concern when exercising their powers. The practical effect of their decisions can be so serious that it affects not only their livelihood but others in the wake. When bad decisions are made there is no redress other than to point them out. It is not unusual for lawyers to spend several hours piecing together the case brick by brick and providing explanations only to receive a response which mirrors the original decision. What many lawyers ask themselves is what the point was in making the representations at all.
So what is the solution? Currently the only recourse is an action before the High Court which is expensive and which does not assess the merits of the decision but looks at the reasonableness of the decision. There is no appeal process. Representations are decided entirely by the body that made the original decision. Where there is a dispute about facts it is more likely than not that the facts proffered by the decision maker will be the acceptable version.
It is arguable that employers have a duty to maintain a system in return for sponsoring migrants. Equally there is a duty to be fair and this must surely mean that there must be an independent process that considers all the facts and makes a decision. High court action is frowned upon and there are strict rules which were designed to reduce the number of cases being brought. With nowhere to go it is inevitable that cases will need to be brought there as there is nowhere else to go. A responsible Government does need to look at this issue. It is affecting the functioning of businesses and preventing businesses for achieving their full potential in terms of growth. The impact on certain businesses is absolutely devastating. Take care homes which have vulnerable residents in some cases suffering from dementia. There has to be a process which examines the breaches alleged to have been committed. Is it time for a right of appeal to be established which has independent members considering the facts?