Visa Refusal
Nomination Refusal
A nomination refusal blocks the linked employer-sponsored visa from being granted, even where the worker individually satisfies all visa criteria. Standing to apply for review generally rests with the sponsoring employer, with the 28-day ART window applying.
The role of the nomination
A nomination is a sponsorship decision made by the Department of Home Affairs in respect of an employer-sponsored visa application. The most common nominations are for the Skills in Demand visa (subclass 482, formerly TSS), the Employer Nomination Scheme visa (subclass 186), and the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494). A refusal of the nomination prevents the linked visa from being granted, and where both are refused the sponsor must lodge separate review applications for each.
Common nomination refusal grounds
Grounds vary by program but recurring categories appear in nomination refusal letters across SID, ENS, and 494.
Genuine position
The Department considers the position is not genuine — the role does not exist as claimed, the duties are not consistent with the occupation, or the position has been created to facilitate the visa rather than to meet a genuine business need.
Labour market testing
For SID nominations, advertising specifications, period, channels, or content do not satisfy the labour market testing requirements. Common omissions concern mandatory information and approved advertising channels.
Annual Market Salary Rate
For SID, the salary offered does not meet the AMSR for the occupation in the relevant location, or the methodology used to determine AMSR is rejected. Salary benchmarking evidence is critical at review.
Sponsor compliance
The Department considers the sponsor has not met sponsorship obligations, has provided false or misleading information, or has been the subject of adverse compliance findings.
Evidence and submissions at the ART
Nomination review is evidence-driven. The submission must address the specific ground of refusal in the notification letter, not the general merits of the business or the nominated worker. Common evidentiary elements include a position description with reporting lines and remuneration, organisational charts showing the position in context, financial statements demonstrating capacity to employ, evidence of the duties actually performed pre-grant, labour market testing evidence (advertisements, screening, decisions), salary benchmarking, and sponsorship compliance evidence.
Lodge nomination review within 28 days
Internal corporate processes — Board approval, HR review, finance sign-off — are not a basis for extension. Visa Plan Lawyers prepares nomination review applications and represents employer sponsors at the Tribunal.
Nomination refusal review information is sourced from the Migration Act 1958, the Migration Regulations 1994, and the Administrative Review Tribunal Act 2024, current as at April 2026. Time limits and procedural rules are subject to change. This page provides general information only and does not constitute legal advice.