Points claim disputes
Department disallowed claimed points (work experience, English, qualifications, state nomination). Technical disputes about whether the claim was supported by evidence.
21-Day Deadline · 189/190/491 · Evidence-Gap Appeals
Skilled migration refusals feel particularly unfair.
You submitted an EOI. You were invited. You did everything right, and then the Department refused the visa. Most of these refusals come down to evidence gaps that can be addressed on appeal. ART skilled migration appeals have strong success rates when the underlying case is fundamentally sound. Our skilled migration specialist Gurjeev Bhalla leads these appeals with Sourabh Aggarwal.
Common refusal grounds
Four technical failure modes.
Skilled refusals are often technical rather than substantive. Understanding which technical issue applied shapes the appeal.
Skills assessment challenges
Assessing authority findings differ from the applicant's ANZSCO claim. Occupation-specific issues (e.g. work duties not matching the code).
English requirement issues
Test results below threshold, test not recognised, or result expired. Can often be remedied with fresh testing.
Occupation classification
Wrong ANZSCO code claimed. Occupation not on the applicable list at time of invitation or decision.
What appeals look like
Evidence gap closure. Often not a merits dispute.
Most skilled appeals succeed by providing the evidence the Department found lacking. The underlying case is sound; the evidence was not presented adequately.
Re-evidenced work experienceEmployment reference letters re-drafted to address specific Department concerns. ATO records, payslips, and tax summaries organised by year and role.
Fresh skills assessment (where applicable)If the original skills assessment was the problem, a fresh assessment with stronger evidence may be viable during the appeal.
Updated English testingIf English was the issue and results have expired or were borderline, fresh testing can change the points position and support the appeal.
Timing and process
12 to 18 months, often less.
Skilled ART appeals generally proceed faster than partner or character matters because they turn on documentary evidence.
Lodgement and bridging visa
Application and fee within 21 days. Bridging visa continues. Missing the deadline usually loses review rights.
Evidence and submissions
Detailed written submissions. Updated evidence package. Sometimes a hearing, more often decided on the papers.
Decision
Favourable decisions often remit the matter to the Department with instructions. Adverse decisions open Federal Circuit review.
Skilled migration appeals often succeed not because the original refusal was wrong but because the evidence was incomplete.
The Department can only decide on what is before it. An appeal with properly organised, date-aligned, duty-mapped evidence often reverses a refusal that seemed permanent.
Common questions
The questions we hear most.
For skilled visa appeals, book with Gurjeev Bhalla or Sourabh Aggarwal.
My EOI was invited but my visa was refused. What went wrong?
Usually the Department found the invitation claim not supported by evidence at visa lodgement. Points you claimed in the EOI must be substantiated in the application. The appeal addresses the specific claim gap.
Can I get a fresh skills assessment during the appeal?
Yes, where the skills assessment was the issue. The assessing authority is separate from the Department, and a fresh assessment is admissible as fresh evidence at the ART.
Does my age change during the appeal affect eligibility?
Age is usually assessed at the time of invitation, not at appeal. Age ticking past 45 during the appeal does not usually lose the application. Confirm in consultation.
What if my occupation was removed from the list during my application?
Complex. Sometimes the list at the time of invitation governs. Sometimes the list at decision governs. Specialist advice is essential.
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.