For employers · Refusals · ART review
Employer-sponsored visa or nomination refused: what the sponsor can do
A refusal in an employer-sponsored case can be one of four different decisions, and each has its own owner, deadline and best response. This page sorts out which one you have, whether the business can appeal it, and when a fresh application beats a review.
By Keshab Chapagain, registered migration agent (MARN 1576536) since 2015 · WIDEN, Sydney · Reviewed on 11 November 2026 · Check the OMARA register
Keshab Chapagain · MARN 1576536 · Registered since 2015 - ART deadline
- 28 days (most decisions)
- ART fee
- A$3,727
- Sponsor appeals
- Sponsorship and nomination
- Worker appeals
- Visa (usually, if onshore)
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 →Which decision was refused?
| Refused decision | Usually reviewed by | Read next |
|---|---|---|
| Standard business sponsorship | The business | Sponsorship refused |
| Nomination (482, 186, 494, 407, labour agreement and DAMA) | The business (the nominator) | 482 · 186 · 494 |
| The worker's visa | Usually the worker, if in Australia at the decision | Visa refused |
| Labour agreement request | See the refusal letter | Labour agreements |
A nomination refusal often brings down the visa application too, because the visa cannot be granted without an approved nomination. In that case the business's review of the nomination is usually the one that matters, and the worker's position depends on it. A sanction against the business (a bar or cancellation) is a different process again: see sponsor sanctions.
The deadline and the fee
- 28 days for most migration decisions, counted from the day you are taken to be notified (the letter explains how that is worked out). It generally cannot be extended, so treat it as fixed.
- A$3,727 Tribunal application fee for a migration review.
- The review is a fresh look at the merits: the Tribunal can consider new evidence, so the application is a chance to fix what was missing, not just to argue the officer was wrong.
- Review takes time, often many months, and the Tribunal decides on the law and evidence at the time of its decision.
Review or a fresh application?
The usual choice is between three routes:
- Fresh nomination or application: faster where the refusal turned on evidence you can now provide, such as market salary evidence, proof the role is genuine, or business financials. It costs a new nomination charge and is read alongside the refusal, so it has to answer the refusal directly.
- ART review: better where the officer applied the wrong test or misread the evidence, or where the worker's visa depends on the original application staying alive.
- Both: lodge the review within 28 days to keep the option, and prepare a fresh application in parallel. If the fresh one succeeds, the review can be withdrawn.
Is it worth appealing a nomination refusal? ART vs a fresh nomination
| Question | Points to ART review | Points to a fresh nomination |
|---|---|---|
| Why was it refused? | The officer applied the wrong test or ignored evidence that was there | Evidence was missing or weak and can now be supplied |
| Does the worker's visa depend on it? | Yes, and keeping the original application alive matters | No, or the worker can lodge a new visa application |
| Cost | A$3,727 ART fee, plus preparation | A$330 nomination charge (482) and the levy again (the first levy is refunded only in narrow cases), plus preparation |
| Has anything changed? | The facts were right at the time and still are | The salary, role, ads or business have changed since |
In practice, most nomination refusals we see turned on evidence, and a corrected fresh nomination is usually the quicker route; review earns its cost where the decision itself was wrong. Lodging the review to keep the option open while preparing a fresh nomination is often sensible. To stop it happening again: why 482 nominations are refused.
The most common nomination ground is the genuine position test: see genuine position refusals.
What happens to the worker
That depends on where the worker is and what visa they hold now. A worker in Australia on a bridging visa linked to the refused application may keep it while a review is pending; a worker whose current visa is about to expire needs a plan before then; a worker overseas simply waits. A worker already on a 482 with your business whose new nomination was refused can keep working under the existing nomination while their visa is valid. Each of these is different, and getting the order wrong can leave the worker without lawful status, so take advice on the worker's position in the same week.
The first 7 days after a refusal
- Note the notification date and work out the review deadline.
- Identify exactly which criterion was not met, and what evidence the officer said was missing.
- Check whether that evidence exists now, or can be obtained before the deadline.
- Check the worker's current visa and its expiry.
- Decide: review, fresh application, or both. Do not let the 28 days run out while deciding.
Get a view on the refusal before the deadline
In a refusal consultation Keshab Chapagain (MARN 1576536, registered since 2015) reads the refusal letter with you, identifies which decision is reviewable and by whom, and tells you whether review, a fresh application or both is the faster route, and what the worker should do meanwhile. Bring the refusal letter and what was lodged. A$330 inc. GST for 30 minutes or A$550 for 60 minutes, credited in full if you engage the practice. No outcome can be promised.
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. Review rights, deadlines and fees depend on the decision; the refusal letter is the authority for your case.
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
Can an employer appeal a refused employer-sponsored visa?
It depends on which decision was refused. A refused sponsorship application or a refused nomination is the employer's decision to take to the Administrative Review Tribunal, generally within 28 days, with a A$3,727 fee. A refused visa is usually the worker's to review if they were in Australia. The refusal letter states who may apply and by when.
How long does the sponsor have to appeal a refused nomination?
For most migration decisions the ART deadline is 28 days from the day you are taken to be notified, and it generally cannot be extended. Count from the notification date in the letter, not the day you read the email.
Is it better to appeal or lodge a fresh nomination?
Where the refusal turned on missing evidence you can now supply, a fresh nomination is often faster than a review. Where the officer misread the law or the evidence, or the worker's visa depends on keeping the original nomination alive, review can be the better route. Many sponsors lodge the review to protect the position and prepare a fresh nomination at the same time.
Can a refused labour agreement request be appealed?
A labour agreement is entered into at the Department's discretion, and the refusal letter states whether any review is available. In practice a refused request is usually answered by a new request that fills the gaps the Department identified.
Can a refused DAMA visa or nomination be appealed?
A DAMA case uses the labour agreement streams, so the same split applies: a refused labour agreement stream nomination is generally the business's to take to the Tribunal, a refused visa is usually the worker's if they were in Australia, and the letter states who may apply and by when. A refused endorsement or labour agreement request is different: check the letter, and usually answer it with a stronger new request.
Can WIDEN guarantee the appeal will succeed?
No. No registered migration agent can promise an outcome. What a consultation does is tell you which decision is reviewable, whether review or a fresh application is the faster route, and what evidence would change the result.
Keep reading
