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Employer Sponsored Visa Refusal Appeal

An employer sponsored visa refusal is frustrating when the job offer is still genuine. An employer sponsored appeal can reverse it. We handle every visa refusal appeal with evidence the Tribunal wants to see.

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Employer Sponsored Appeal

Common reasons for refusal

Employer sponsored refusals usually come down to a handful of recurring problems. Knowing which one applies to you shapes the whole appeal.

  • The nominated occupation was not on the relevant skilled occupation list, or the wrong ANZSCO code was used for the role.
  • The Department was not satisfied the position was genuine, or that the business needed a full-time worker in that role.
  • The salary or employment conditions did not meet the required income threshold or the annual market salary rate.
  • The worker did not meet the skills, qualifications, work experience or English requirements for the occupation.
  • The sponsoring business did not meet its own approval or obligation requirements.
  • Health, character or document issues, including gaps or inconsistencies in the evidence.
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Employer Sponsored Appeal

The rules for these visas sit in the Migration Act 1958 and the Migration Regulations 1994, and the settings changed when the Skills in Demand visa replaced the older Temporary Skill Shortage visa in December 2024. Older refusals and newer ones can turn on different criteria, so the first job is to read the decision record and pin down the exact reason.

Eligibility for appeal

Not every employer sponsored decision can be reviewed, and the person who lodges depends on what was refused. For a nomination refusal, the sponsoring business usually lodges the review. For a visa refusal where the applicant was in Australia, the applicant usually lodges. Where the applicant was offshore, the sponsor or an approved appointer in Australia may need to apply. Your refusal letter should state whether review is available and who can seek it. If it is unclear, get it checked quickly, because the clock starts from the day you are taken to have been notified of the decision, not the day you get around to reading it.

Appeal deadlines and who lodges

For decisions refused under Part 5 of the Migration Act, the Administrative Review Tribunal (ART) deadline is 28 days after you are notified of the decision, or 14 days if the person applying is in immigration detention. The Tribunal has no power to extend it. The ART replaced the AAT on 14 October 2024, so older advice that mentions the AAT, 21 days or 70 days may be out of date.

What was refusedWho usually applies to the ARTDeadline
Nomination of a position (for example a Skills in Demand / 482, 186 or 494 nomination)The nominating employer28 days from notification
Approval as a standard business sponsor, or a sponsor cancellation or barThe business28 days from notification
Visa refused while the applicant was in AustraliaThe visa applicant28 days from notification
482, 494 or 407 visa refused while the applicant was outside Australia, where the review right exists (for example the nomination was approved)The Australian sponsor or nominator28 days from notification
Any of the above where the applicant is in immigration detentionAs above14 days from notification

If both the nomination and the visa were refused, you will normally need two review applications, one by the employer and one by the worker or sponsor. The visa review usually cannot succeed until the nomination issue is resolved, so lodge both on time even if the nomination is the real problem.

ART fee, reductions and refunds

The ART application fee for a review of most migration decisions is $3,727 (from 1 July 2026). It must be paid by the review deadline and it rises each 1 July in line with CPI, so check the ART fees page on the day you lodge.

  • Financial hardship: you can ask for a 50% reduction. Pay the full fee or 50% by the deadline, then send the fee reduction request form with evidence of income, expenses and assets before the review is finished.
  • Refund if you win: 50% of the fee you paid is refunded if the decision is set aside, varied or remitted to the Department.
  • Invalid application: the fee is refunded if the Tribunal decides the application was not valid.
  • Withdrawal: refunds are only available in very limited circumstances.

A separate fee normally applies to each review, although the Tribunal can order a single fee where related applications are dealt with together. Ask about this when you lodge the nomination and visa reviews.

ART appeal process

The path is the same shape as any migration review, with employer sponsored evidence at its centre.

  • Confirm the deadline on the refusal letter and diarise it as fixed.
  • Check that the decision is reviewable and identify who lodges the application.
  • Lodge with the ART online and pay the fee, or apply for a reduction on hardship grounds.
  • Build the evidence: the nomination file, the employment contract, position descriptions, financials and any market salary evidence.
  • Prepare written submissions that answer each finding in the decision record.
  • Attend the hearing and be ready to explain the role, the business need and how the criteria are met.

Required documents

  • The refusal notification and the full decision record.
  • The nomination and visa application, including the position description and employment contract.
  • Evidence of the market salary rate and that the offer meets or exceeds the income threshold.
  • Proof the business is genuine and operating, such as financial statements and organisational structure.
  • The worker’s qualifications, skills assessment, work references and English test results.
  • Written submissions addressing every reason the Department gave.

Evidence to gather by refusal reason

Refusal reasonEvidence that answers it
Position not genuineOrganisation chart, business plan, recent financials, workload or client data, the history of the role and why it is needed now, and evidence the position is not created just for the visa
Salary below the market rate or income thresholdThe current Annual Market Salary Rate evidence (enterprise agreement, comparable Australian workers, or published salary data), payslips of Australian staff in similar roles, and an employment contract that meets the threshold
Occupation or ANZSCO code mismatchA detailed position description mapped to the ANZSCO tasks, duty statements from the employer, and evidence the worker actually performs or will perform those tasks
Worker does not meet skills, experience or EnglishA current skills assessment where required, employment references with dates, duties and hours, payslips or tax records, and English test results valid at the relevant time
Sponsor obligations or approval problemsEvidence the business is lawfully operating, records showing obligations were met, and an explanation of any compliance issue with what has been fixed
Health, character or document concernsMedical results, police certificates, and a clear written explanation for any inconsistency, with documents that resolve it

Evidence has to deal with the criterion the Department relied on. If the decision record lists three findings, the submission should answer all three.

Talk to Bullseye Consultant

If your employer sponsored visa or nomination has been refused, do not let the deadline decide for you. Speak with Bullseye Consultant.

Get in Touch: (07) 3519 7009
Bullseye Consultants migration agents team Brisbane office

Processing time

Timeframes for employer sponsored reviews vary with the Tribunal’s caseload and the complexity of the matter. Some are resolved in several months, others take well over a year. If you can show with documents that the criterion you failed is now met, you can ask the ART to expedite the review. Lodging a complete, well-evidenced application from the start is the single best way to avoid extra delay, because it reduces the back-and-forth before a hearing is set.

Possible outcomes at the ART

The Tribunal looks at the case afresh and can:

  • Affirm the refusal, so the decision stands.
  • Set aside and remit the matter to the Department with a direction, for example that the nomination criteria are met. The Department then finishes the remaining checks, such as health and character, before deciding the application.
  • Set aside and substitute a new decision, or vary the decision.

The Tribunal can also make a decision on the papers without a hearing where it considers that appropriate, so written submissions matter from the start.

What happens to your bridging visa

If the worker applied in Australia and holds a Bridging visa A linked to the refused application, it generally stays in effect while a valid, on-time review is under way. Under the current Migration Regulations it ends 35 days after the Tribunal makes its decision if the refusal is affirmed, or it continues while the Department reconsiders a remitted application. If the review is not lodged in time, the bridging visa ends 35 days after the refusal. Work rights depend on the conditions of the bridging visa, so check them in VEVO before assuming you can keep working.

If the ART affirms the refusal: judicial review

An application for judicial review can be made to the Federal Circuit and Family Court of Australia within 35 days of the date of the Tribunal decision. The court does not reconsider the merits. It only asks whether the Tribunal made a legal error, such as misapplying the law or denying procedural fairness. Court proceedings are run by lawyers, and we can refer you to one. Other options at that point can include a fresh nomination and visa application, a different visa pathway, or a request for Ministerial intervention in limited cases.

Success factors

The reviews that succeed tend to share a few features. The refusal reason is met head-on with fresh, specific evidence rather than a repeat of the original application. The genuineness of the role is shown with real business detail, not just assertions. And the salary and conditions are documented against current market data. Where the refusal came from a fixable gap, for example a missing document or an outdated market salary figure, a well-prepared review can turn it around. Where the underlying eligibility is not met, an honest agent will tell you before you spend money.

The process is the same across visa types. Our ART appeals page explains merits review, and student visa refusal appeals covers the study visa version.

Book an employer sponsored appeal assessment in Brisbane

Bullseye Consultants are MARA registered migration agents in Brisbane, led by Amanpreet Bhangoo (MARN 1573884). In an appeal assessment we read the decision record with the employer and the worker, confirm who should lodge and by when, tell you whether a review, a fresh nomination or another pathway is the better option, and give a fixed quote. Book an appointment or call (07) 3519 7009 as soon as the refusal arrives, so the deadline does not make the decision for you.

Frequently Asked Questions about Employer Sponsored Visa Refusal Appeal

It depends on what was refused. A nomination refusal is usually reviewed by the sponsoring business. A visa refusal is usually reviewed by the visa applicant if they were in Australia, or by the sponsor or appointer if the applicant was offshore. The refusal letter will point you to the right party.

If you applied onshore and hold a bridging visa, you may keep working depending on the conditions attached to it. Your work rights come from your bridging visa, not the review itself, so check what your bridging visa allows.

Sometimes. If the issue was the wrong ANZSCO code or an occupation that has since changed status, there may be room to argue it. If the occupation genuinely does not fit the role, that is harder. This is worth a proper assessment before you lodge.

The ART application fee for most migration reviews is $3,727 from 1 July 2026. You can ask for a 50 per cent reduction on financial hardship grounds, and 50 per cent of the fee paid is refunded if the decision is set aside, varied or remitted. Professional fees for preparing the appeal are separate and depend on the complexity of your matter.

The Tribunal will commonly set the decision aside and remit the matter to the Department with a direction that the reviewed criteria are met. The Department then finishes the remaining checks, such as health and character, before deciding whether to grant.

In some situations re-lodging is a better route than appealing, and in others the deadline makes review the safer option. The right call depends on the refusal reason and your timing. We can compare both before you commit.

For nomination, sponsorship and employer sponsored visa refusals, the deadline is 28 days after you are notified of the decision, or 14 days if the applicant is in immigration detention. The ART cannot extend it, so lodge first and build the evidence after.

Usually, yes. The employer applies for review of the nomination refusal and the worker, or the sponsor for an offshore applicant, applies for review of the visa refusal. Lodge both within time. The Tribunal can order a single fee where related applications are dealt with together.

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Reviewed by Amanpreet Bhangoo, Principal Migration Agent (MARN 1573884).

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