Employer-Sponsored Visa Refusal & Appeal
Sponsorship, nomination or visa refused? Who can seek review, and how it runs for 482, 494 and 186.
What can you do if an employer-sponsored visa is refused?
First identify which decision was refused — the sponsorship, the nomination, or the visa. Each is reviewed at the Administrative Review Tribunal within 28 days of notification, a deadline the Tribunal cannot extend. The business reviews a sponsorship or nomination; the worker reviews a visa if onshore.
Key facts
- Three separate decisions can each be refused — sponsorship, nomination, and the visa itself.
- The right to seek review differs for each. The employer holds some of those rights, not the applicant.
- Lodging in the wrong name is the most expensive error in this category, because the deadline runs out while it is corrected.
- 28 days to apply for review, with no extension available.
- A pending sponsorship or nomination review can preserve a visa refusal's reviewability in some circumstances.
- Fresh evidence is allowed on review and is usually where an employer-sponsored case is won or lost.
Which decision was refused, and who can seek review?
An employer-sponsored pathway has three separate approvals. Any of them can be refused, and the person who can seek review is different in each case. Getting this right is the first step.
Sponsorship
Whether your business is approved to sponsor at all. Refusals usually turn on lawful operation, business viability, or an adverse compliance history.
- Who reviews
- The business
- Worker affected
- Indirectly
- Review right
- Usually yes
Nomination
Whether the role itself is approved. Refusals commonly turn on whether the position is genuine, salary benchmarks, occupation eligibility, or labour market testing.
- Who reviews
- The nominator
- Worker affected
- Directly
- Review right
- Usually yes
The visa
Whether the worker meets the visa criteria — skills, English, health, character. Refused after nomination approval, this is the worker's own matter.
- Who reviews
- The worker
- Onshore
- Usually reviewable
- Offshore
- Often not
The mistake that costs the window
A worker cannot review a nomination refusal, and a business cannot review the worker's visa refusal. Lodging in the wrong name does not stop the clock.
Why are employer-sponsored applications refused?
Your decision letter names the requirement that was not met. Match it to the right column before planning a response.
| Decision | Common refusal grounds | Often fixable? |
|---|---|---|
| Sponsorship | Business not lawfully operating, insufficient evidence of trading, adverse monitoring or compliance history | Sometimes — usually an evidence problem |
| Nomination | Position not genuine, salary below the applicable threshold or market rate, occupation not eligible, labour market testing not properly done | Often — if the underlying facts support it |
| Visa (worker) | Skills assessment, work experience, English evidence, health, character, or false or misleading information | Depends on the ground |
| 186 specifically | Time on the previous visa not met for the transition stream, or skills assessment issues in direct entry | Sometimes — stream choice matters |
| 494 specifically | Position not in a designated regional area, or certification issues | Sometimes |
A finding that false or misleading information was given is different in kind and carries an exclusion period. See PIC 4020 refusals.
Which situation are you in?
A general guide only — your decision letter states who can seek review and by when.
| If you are… | Likely route | Your next step |
|---|---|---|
| A business refused sponsorship | ART review lodged by the business | Sponsorship approval |
| A business refused on nomination | ART review lodged by the nominator | Book a consultation |
| A worker refused onshore | ART review lodged by the worker | How ART review works |
| A worker refused offshore | Often no review right — a fresh nomination and application | Free eligibility check |
| Facing a compliance or monitoring issue | A sponsorship problem, not just a visa one | Compliance audits |
| Told information was false or misleading | An exclusion period may apply to the worker | PIC 4020 refusals |
How does an employer-sponsored review run? 4 stages
Business decisions and worker decisions run separately, even when they arise from the same hire.
Identify the decision and the applicant
Which of the three was refused, and who is entitled to lodge. This determines everything that follows, and getting it wrong wastes the window.
Lodge within the deadline
Commonly about 28 days from notification. The limit is strict. Where both a nomination and a visa were refused, both may need separate review applications.
Build the evidence
Fresh evidence is allowed. For nomination refusals that usually means better position, salary and testing evidence, not a restated argument.
The decision
The Tribunal can affirm the refusal, or set it aside and send it back to the Department to be decided again on the corrected basis.
Employer refusal work, handled properly
Visa Advisor, based in Sydney, NSW, works with businesses and sponsored workers across Australia and offshore. We act for the right party on the right decision, and tell you honestly whether a review is worth running.
Decision triage
Which approval was refused, who can lodge, and what the deadline actually is for each one.
Evidence rebuild
Position, salary, testing and business evidence built to answer the specific ground relied on.
Review or re-lodge
An honest comparison — sometimes a corrected fresh nomination is faster and stronger than a review.
Employer-sponsored refusals — frequently asked questions
It depends on which decision was refused. A sponsorship refusal is reviewed by the business. A nomination refusal is reviewed by the nominator. A visa refusal is the worker's own matter, and usually only where they applied onshore. A worker cannot review a nomination refusal, and a business cannot review the worker's visa refusal.
Commonly about 28 days from notification, with the exact date stated in the decision letter. The Tribunal has no power to extend it. Where both a nomination and a visa were refused, each may need its own review application lodged separately and on time, by the correct party in each case.
Not while the nomination stands refused, because the visa depends on an approved nomination. The realistic options are to seek review of the nomination refusal, or to lodge a corrected fresh nomination if the underlying facts support one. Which is better depends on the ground relied on and the worker's current visa status.
Usually yes for an onshore visa refusal, if they held a bridging visa when the decision was made and a valid review application was lodged on time. Work rights depend on the bridging visa's own conditions, which can differ from the sponsored visa. Check the grant notice before the worker continues in the role.
A fresh nomination is often faster where the refusal was an evidence or drafting problem that you can now fix cleanly. A review is usually better where the worker would lose lawful status, where the Department's interpretation is genuinely wrong, or where re-lodging would not cure the issue. Cost and timing differ, so weigh both.
It can. Without approved sponsorship you cannot lodge new nominations, which affects future hires and any pending matters. Existing visa holders are generally not cancelled automatically, but a refusal often signals an underlying compliance or evidence issue worth addressing before it reaches your other sponsored staff.
Often not for the visa itself, because offshore refusals commonly carry no merits review right. The business may still have review rights on its own sponsorship or nomination decisions. Where there is no review right, the practical path is a corrected fresh application that answers the exact reason given.
No. A review changes how the case is presented and decided; it never guarantees an outcome. A strong, well-evidenced submission improves your prospects, but the result rests with the Tribunal. Visa Advisor provides general migration information here, and case-specific advice in a paid consultation. We do not and cannot promise approval.
Sources and last checked dates
- Migration Act 1958 — Federal Register of Legislation checked 18 Aug 2026 open ↗
- Migration Regulations 1994 — Federal Register of Legislation checked 18 Aug 2026 open ↗
- Administrative Review Tribunal — Immigration and citizenship review checked 18 Aug 2026 open ↗
- Department of Home Affairs — Employing and sponsoring someone checked 18 Aug 2026 open ↗
- Office of the MARA — Register of Migration Agents checked 18 Aug 2026 open ↗
Migration law and programme settings change — confirm the current position before acting on anything on this page.
Don't let your deadline pass. Lodge in the right name.
Start with a free eligibility check, or book a consultation with a Registered Migration Agent to identify which decision was refused and who must apply.
Limited slots each week · Registered Migration Agent · 1800 840 141