Visa refused · 494 · Regional employer sponsored
494 visa refused: what happened and what to do next
A 494 refusal can come from the employer's side (the regional nomination) or the worker's side (the visa criteria). Which one it is decides who can seek review and what can be fixed. This page sets out the common reasons, the review rights and the options, consistent with our other refusal guides.
By Keshab Chapagain, registered migration agent (MARN 1576536) since 2015 · WIDEN, Sydney · Reviewed November 2026
Keshab Chapagain · MARN 1576536 · Registered since 2015 - ART deadline (most decisions)
- 28 days from notification
- ART fee (most reviews)
- A$3,727
- Two decisions
- Nomination · Visa
- Leads to
- Subclass 191 (if granted)
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 →Nomination or visa?
The 494 Employer Sponsored stream has two applications. The nomination is the employer's: a genuine, full-time position in an eligible occupation in a designated regional area, with Regional Certifying Body advice where required and the salary terms met. The visa is the worker's: skills assessment, experience, English, age, health and character. If the nomination is refused, the visa cannot be granted on it.
Common reasons for refusal
- Genuine position: the role did not appear necessary for the business, or was created for the visa (see genuine position refusals).
- Salary and terms: the salary did not meet the threshold or the market rate, or the terms were less favourable than for an Australian worker.
- Regional location and RCB: the workplace was not in a designated regional area, or the RCB advice did not support the nomination.
- Labour market testing not done, or not done the way the rules require.
- Skills and experience: the skills assessment or the three years of experience did not match the nominated occupation.
- English or age: competent English not shown, or the applicant over the age limit without an exemption.
- Health, character or integrity: health findings, character concerns, or information the Department found false or misleading.
Review rights and the deadline
For most migration decisions the deadline to apply to the Administrative Review Tribunal is 28 days from the day you are taken to be notified. The employer holds the review right for a refused nomination. For a refused visa, the review right is usually the applicant's if they were in Australia when the decision was made; for offshore employer-sponsored refusals, review rights, where they exist, are typically held by the sponsor. Your letter states whether the decision is reviewable and by whom. The ART fee for most migration reviews is A$3,727 (from 1 July 2026). See the ART guide.
Review or reapply?
Review is usually the better route when the refusal rests on a finding you can answer with evidence, or when the applicant cannot lodge a fresh application in Australia because of the section 48 bar. A fresh nomination and application can be quicker when the problem is simple to fix (for example a missing document or a salary below the threshold) and nothing bars a new application, though the charges are paid again. Some cases are better moved to a different visa altogether. That choice turns on the decision record, which is what the refusal review reads.
Consultation
In a refusal review, Keshab Chapagain, registered migration agent (MARN 1576536, registered since 2015, more than 10 years and hundreds of cases), reads the decision record with the worker or the employer (or both), confirms the deadline and who holds the review right, and sets out the realistic options. A$330 inc. GST for 30 minutes or A$550 for 60, credited in full if you engage the practice. No outcome is promised. Book a refusal review →
In other currencies: A$330 is about US$225, €205 or £170; A$550 is about US$380, €340 or £285 (approximate, November 2026).
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: The decision letter with its date, the application as lodged, and anything the Department sent before deciding.
- Prefer no call? The written pathway check is done in writing, A$550.
Book a refusal and review 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
Was my 494 visa refused, or the employer's nomination?
Check the letter. A 494 has two decisions: the employer's nomination of the regional position, and your visa application. If the nomination was refused, the visa usually falls with it, and the review right on the nomination belongs to the employer. If your visa was refused on your own criteria, the review right is usually yours if you were in Australia when it was decided.
How long do I have to appeal a 494 refusal?
For most migration decisions the ART deadline is 28 days from when you are taken to be notified, and it generally cannot be extended. Your decision letter states the deadline and who can apply.
What does an ART review cost?
The ART application fee for most migration reviews is A$3,727 from 1 July 2026, with reductions available in defined circumstances. Professional fees are separate.
Can we just lodge a new 494?
Often, if the reason for refusal can be fixed and nothing bars a new application. An onshore refusal can trigger the section 48 bar, which limits new applications in Australia. A new nomination and application means new charges, so it is worth knowing first whether review or a fresh application is the better route.
Does a 494 refusal affect the 191 pathway?
The 191 permanent visa requires holding a 494 or 491 and meeting the regional residence requirements, so a refused 494 means that pathway has not started. Other regional or employer routes may still be open.
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