For employers · 186 · Refusals
186 nomination refused: the employer's options
When Home Affairs refuses a 186 nomination, the worker's permanent residence stops with it, and the next step is the employer's. This guide covers why 186 nominations are refused, the review rights and the 28-day deadline, and when a fresh nomination is the better route. Checked against Home Affairs, the Migration Act and the Tribunal on 10 November 2026.
By Keshab Chapagain, registered migration agent (MARN 1576536) since 2015 · WIDEN, Sydney · Reviewed on 10 November 2026 · Check the OMARA register
Keshab Chapagain · MARN 1576536 · Registered since 2015 - Who applies
- The nominating employer
- ART deadline
- 28 days from notification
- ART fee
- A$3,727
- Other route
- A fresh nomination
The migration agent that other migration agents learn from. WIDEN is an OMARA-approved CPD provider — our training is rated ★4.8 by 40+ registered migration agents.
About the CPD →Why 186 nominations are refused
- The position is not shown to be genuine. The Department is not satisfied the business needs the role, or it looks created for the visa. See genuine position refusals.
- Salary. Below the annual market salary rate, or below the Core Skills Income Threshold of A$79,423 for nominations lodged from 1 July 2026, or the evidence for the market rate is generic.
- The position's term. For the Temporary Residence Transition stream the position must be full-time and available for at least two years; a contract or project role with an end date fails.
- The occupation. For Direct Entry, not on the list for the stream, a caveat applies (for example business turnover or size), or the duties do not match the occupation.
- The worker's history (TRT). Not enough eligible sponsored employment, or you are not the employer that sponsored the 482.
- The business. Not lawfully and actively operating, adverse information, or a history of not meeting sponsor obligations. See the employer exploitation laws.
Review at the ART
The Tribunal reviews refusals of a nomination of an occupation, activity or position, and the decision letter states whether review is available and who may apply; for a nomination, that is the nominating employer. Since the Tribunal replaced the AAT on 14 October 2024, section 347(3) of the Migration Act sets the time limit at 28 days after notification (7 days for a person in immigration detention), and the Tribunal cannot extend it. The fee for most migration decisions is A$3,727. The Tribunal looks at the nomination afresh and can take new evidence, so a review is as much about filling the gaps as arguing the decision was wrong. Processing for the 186 itself, once a nomination is approved: TRT 50% within 22 months, 90% within 24 months; Direct Entry see Home Affairs (Home Affairs, updated 2 November 2026).
A fresh nomination
Nothing stops an employer lodging a new 186 nomination after a refusal. When the refusal was about evidence (a weak salary benchmark, a thin business case, an organisation chart that did not show where the role fits) a new nomination with that evidence is often quicker and cheaper than review. It means paying the nomination charge and the levy again. Where the position or the business has a real problem, such as a role that cannot be shown to last two years, neither route will work until that changes.
The worker
A 186 visa cannot be granted without an approved nomination, so a refused nomination means the worker's linked visa application will fail unless the refusal is overturned or a new nomination is approved in time. A worker on a 482 keeps that visa while you decide; check its expiry date, because a 482 ending during a long review changes the plan. Tell the worker the same day: they may hold review rights of their own if their visa is later refused. The worker's side is covered in 186 visa refused.
The money
Home Affairs does not refund the nomination charge (A$540, or nil for a regional Transition or Labour Agreement position) when a nomination is refused. The Skilling Australians Fund levy (A$3,000 or A$5,000) has limited refund grounds; see the SAF levy guide before you assume either way. None of these costs can be passed on to the worker.
Have the decision read before the deadline
The first decision is review or re-lodge, and it has to be made inside 28 days. In an employer consultation Keshab Chapagain (MARN 1576536, registered since 2015) reads the decision record with you, explains which ground the refusal turned on, and sets out what each route would involve. A$330 inc. GST for 30 minutes or A$550 for 60 minutes, credited in full if you engage the practice. Bring the decision letter, the nomination and the evidence lodged.
Book an employer consultation →
In other currencies: A$330 is about US$225, €205 or £170; A$550 is about US$380, €340 or £285 (approximate, November 2026).
General information, not migration advice. No outcome at the Tribunal or on a new nomination can be promised.
Not sure which visa fits you?
Answer three questions. An automated guide points you to the route that usually applies. General information only.
Deadline close? Book the first available time.
Bring the letter and the dates. Keshab Chapagain, registered migration agent (MARN 1576536), reads it with you, tells you what can still be done before the deadline and what it costs.
Video consultation. A$330 inc. GST for 30 minutes, credited in full if you go ahead. Advice on your own case is given in the consultation, and you leave it with a clear plan in writing.
What you get
- 30 minutes (A$330) or 60 minutes (A$550) by video with a registered migration agent, Keshab Chapagain, MARN 1576536.
- A written summary of your options and next steps after the session.
- What to bring: ABN, what the business does, the role and salary, the candidate’s CV and current visa.
- Prefer no call? The sponsorship readiness check is done in writing, A$550.
Book an employer sponsorship consultation — A$330 inc. GST, credited In writing, no call — A$550
Need 60 minutes, or bringing a partner, employer or documents to go through? Extended consultation, A$550 inc. GST.
MARN 1576536 · practising since 2015 · contact details
Questions we get asked first
Who can appeal a refused 186 nomination?
A refused nomination is a decision the Administrative Review Tribunal can review, and the decision letter states who may apply. For a nomination it is the employer that nominated, not the worker. The worker's own visa application cannot succeed without an approved nomination.
How long do we have to apply to the ART?
Under section 347(3) of the Migration Act, 28 days after notification of the decision, or 7 days for a person in immigration detention. The Tribunal cannot extend it, so count from the date of notification in the letter, not the day someone read it.
What does an ART review cost?
The ART application fee for most migration decisions is A$3,727. Any nomination charge already paid (A$540, or nil for a regional Transition or Labour Agreement position) is not refunded by Home Affairs when a nomination is refused.
Should we seek review or lodge a new nomination?
A new nomination is usually faster when the refusal turned on missing evidence you now have, such as a better salary benchmark or proof the position is genuine. Review suits a refusal that misread the law or the evidence, or where the worker's eligibility would be lost by starting again, for example because their 482 is ending. It is a case-by-case judgement, and no outcome at the Tribunal can be promised.
Does the refusal affect our worker's 482?
No. A worker on a 482 keeps that visa and its conditions while you decide; the refused nomination only stops the 186. If the 482 is close to expiry, that changes the timing, so check its end date first.
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