Nomination refusal
Department refused the employer's nomination of the position. Common grounds: genuineness of the position, LMT (labour market testing) failures, sponsor approval issues. Sponsor appeals this separately.
Two Decisions, Two Appeals · Sponsor & Worker Often Parallel
Employer sponsored refusals affect the business and the worker.
The employer has invested in the sponsorship, the worker has planned their career, and suddenly everything is on hold. ART appeals for employer sponsored refusals often involve technical issues that can be turned around with careful preparation. Our employer-sponsored specialists handle both sides of the matter.
Two decisions to appeal
Nomination refusal. Visa refusal. Often both.
Employer sponsored pathways involve multiple Department decisions. A refusal often affects both the sponsor's nomination and the worker's visa.
Visa refusal (worker side)
Department refused the worker's visa application. Common grounds: skills assessment failure, English requirement, or the knock-on effect of a refused nomination.
SID visa refusals
Skills in Demand visa refusals across Core Skills, Specialist Skills, and Essential Skills streams. See SID guide.
186 and 494 refusals
Subclass 186 permanent and 494 regional provisional refusals. Stream-specific grounds apply.
Appeal strategy
Sponsor and worker appeals run in parallel.
Both decisions have 21-day ART deadlines. Coordinating the two appeals matters.
Sponsor re-evidences the positionUpdated position description. LMT evidence refreshed. Organisation structure documentation. Evidence the role is genuine and essential.
Worker re-evidences skills and EnglishSkills assessment updated if needed. Fresh English testing if expired. Employment reference letters re-drafted.
Direction 99 and discretionWhere character or past compliance was part of the refusal, submissions engaging with Direction 99 and the discretionary framework.
Coordination with the businessWe work directly with the employer's HR and legal teams. Business context matters: business continuity, role criticality, and replacement difficulty all weigh in favour of grant.
Bridging visa and work status
The worker stays working.
In most employer sponsored appeal scenarios, the worker's bridging visa maintains work rights. Business continuity is preserved during the appeal.
Bridging visa in place
The worker's bridging visa continues through the ART appeal period. Work rights typically carry over from the previous visa. See BVA guide.
Evidence refresh
2 to 6 months of preparation typical. Both sides gather updated evidence. Submissions drafted addressing specific refusal grounds.
Decision
Favourable ART decisions usually remit the matter to the Department. Nomination and visa decisions sometimes sequenced. Adverse decisions open Federal Circuit review.
Employer sponsored appeals often succeed because the original refusal turned on evidence the employer did not think to provide.
Position genuineness findings, in particular, are frequently reversed when organisation structure, business plans, and role-specific documentation are properly presented. The ART hears from businesses and workers together in a way the Department process did not.
Common questions
The questions we hear most.
For employer sponsored appeals, book with Sourabh Aggarwal or Brian Park.
Our nomination was refused but the worker's visa decision is still pending. Should we appeal the nomination now?
Usually yes, within 21 days. A refused nomination will usually lead to a visa refusal. Appealing the nomination on time preserves options.
Can we lodge a fresh nomination instead of appealing?
Sometimes. Fresh nomination is faster but loses the existing sponsor work and Department history. Appeal preserves continuity. Strategy depends on case specifics.
The worker's skills assessment was the issue. Can this be fixed on appeal?
Yes. Fresh skills assessment is admissible as fresh evidence at ART. Sometimes a different ANZSCO code is a better fit. Review with a migration agent.
What about the Temporary Residence Transition stream of 186?
TRT 186 refusals turn on different issues, typically the worker's 482 or SID holding period and conditions. Different appeal strategy than Direct Entry.
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.