Sponsor nomination appeal
If the nomination was refused, the sponsor has appeal rights within 21 days. Sponsor appeals the nomination refusal separately from the worker visa.
Sponsor & Worker Appeals · Coordination Matters
Employer sponsored ART appeals depend on sponsor cooperation.
Sponsor ART appeals are separate from worker ART appeals, but they usually run in parallel and affect each other. Our employer sponsorship team Brian Park and Sourabh Aggarwal coordinate both sides of employer sponsored appeals.
The two parallel appeals
Sponsor. Worker. Both matter.
An employer sponsored refusal typically triggers two appeal pathways.
Worker visa appeal
If the worker visa was refused, the worker has appeal rights within 21 days. Often consequent on the nomination refusal.
Parallel processing
Both appeals run at the same Tribunal, often coordinated for consistent outcomes. Evidence shared where relevant.
Business continuity
During appeals, the worker typically continues on bridging visa with work rights. Business operations continue.
Sponsor role in success
Four areas where sponsor input matters.
Sponsor cooperation during the appeal is often the single biggest success driver.
Updated position descriptionSponsor re-drafts the position description to address specific Department concerns about position genuineness or responsibilities.
Labour Market Testing refreshSponsor provides updated LMT evidence if the refusal related to LMT gaps. New job ads, recruitment records, market evidence.
Organisation and business contextOrganisation charts, business plans, financial records showing the business need for the role. Helps Tribunal see the role in context.
Witness testimony at hearingSponsor representatives sometimes attend the hearing to give evidence about the role and business. Adds credibility.
When sponsor cooperation is limited
Worker options remain.
Sometimes the business relationship ends or the sponsor is unavailable. Worker options exist.
Former sponsor cooperation
Even after the worker has left the business, former sponsors often cooperate with references and statements. Former HR and supervisors can assist.
Documentary evidence
Where sponsor cooperation is not available, existing documentary evidence can sometimes be sufficient. Payslips, contracts, organisation materials.
Fresh nomination alternative
Sometimes a fresh nomination with a new employer is more viable than pursuing the existing appeal. Strategy depends on circumstances.
Sponsor appeals have their own 21-day clock.
The sponsor nomination refusal has a separate appeal deadline from the worker visa refusal. Missing the sponsor deadline while focused on the worker appeal can undermine the whole case. Both deadlines need to be tracked from day one.
Common questions
The questions we hear most.
For employer sponsored ART appeals, book with Brian Park or Sourabh Aggarwal.
Can the worker appeal without sponsor involvement?
Yes for the worker visa appeal. The sponsor nomination appeal requires sponsor involvement. If nomination is lost, worker visa usually follows regardless of worker appeal.
What if the sponsor business has closed?
The nomination appeal becomes difficult. Worker may need to find a new sponsor through fresh nomination instead of appealing.
Does sponsor cooperation cost extra?
Sponsor legal representation is often a separate engagement. We offer coordinated packages where both sponsor and worker are represented.
Can we keep the worker on bridging visa work rights?
Usually yes, subject to bridging visa rules. Work rights typically inherit from the previous substantive visa. See BVA guide.
Some information on this page has been sourced from the Department of Home Affairs and has been interpreted and approved by Principal Migration Agent Sourabh Aggarwal (MARN 1462159). Last reviewed: May 2026.