Skilled Refusal Appeal
A skilled refusal appeal gives you an independent ART review when points, sponsorship, or nomination issues led to rejection. We handle it start to finish, targeting the exact refusal reason.
Why skilled visas get refused
Most skilled refusals come down to one of these issues:
- The points test was not met, or points claimed for skills, English, or work experience were not accepted as claimed.
- The nominated occupation was not accepted as a genuine match for your skills assessment or employment history.
- The skills assessment itself was rejected, had expired, or did not line up with the occupation nominated.
- State or territory nomination conditions were not met, or a commitment made at the time of nomination was not followed through.
- Employer sponsorship requirements were not satisfied, including genuine position or training benchmark issues.
- Health, character, or documentation problems, including gaps between what was claimed and what the evidence showed.
Skilled visa criteria sit under the Migration Act 1958 and the Migration Regulations 1994. A refusal almost always comes down to the Department not being satisfied on one specific point, so the appeal needs to target that point directly rather than re-argue the whole application.
Appeal eligibility
Whether you can seek review depends on the visa subclass and where the decision was made. Onshore refusals of most skilled visas, including employer sponsored and points-tested categories, generally carry review rights to the ART. A state or territory nomination refusal can sometimes need to be challenged separately from the visa refusal itself. Your refusal letter will confirm whether you have review rights and how long you have. For skilled matters that deadline is often short, so check it the day the letter arrives, not once the shock wears off.
ART process
- Read the refusal letter, note the decision date, and calculate your deadline.
- Confirm your review rights and lodge with the ART online within time.
- Pay the application fee, or apply for a fee reduction if it would cause financial hardship.
- Sort out your bridging visa so you stay lawful, and where allowed, keep working.
- Gather evidence that answers the exact reason for refusal — a corrected skills assessment, an updated points calculation, or stronger nomination evidence.
- Attend the hearing and answer the member’s questions directly, staying focused on the specific criterion in dispute.
Talk to Bullseye Consultant
A refused skilled visa doesn't have to be the end of the road. Talk to Bullseye Consultant about your options while the deadline is still open.
Required documents
- The refusal notification and decision record.
- Your skills assessment and supporting occupation evidence.
- Points test evidence, including English results, work references, and qualifications.
- Nomination correspondence from the state, territory, or sponsoring employer.
- Written submissions responding to each finding in the decision.
Processing time
Skilled visa reviews can take longer than student matters, particularly where the points test or a skills assessment is under dispute and needs detailed evidence to resolve. Timeframes shift with the Tribunal’s workload. A complete, well-documented application lodged upfront moves faster than one built up piece by piece over months.
Frequently Asked Questions about Skilled Visa Refusal Appeal
Can a state nomination refusal be appealed separately from the visa refusal?
Sometimes. Nomination decisions and visa refusal decisions can follow different review pathways, so it’s worth confirming with a migration agent which one applies to your case.
My skills assessment was rejected — can that be fixed before review?
Often, yes. If the assessing authority’s decision is the real problem, a fresh or corrected assessment addressing their specific concerns can put the ART review on much stronger footing.
Can I keep working while my appeal is on foot?
That depends on your bridging visa and its conditions. Confirm your work rights before assuming you can continue in your current role.
How long do I have to lodge?
The window is short and fixed by law. The exact number of days is on your refusal letter, and the Tribunal generally cannot extend it, so treat that date as final.
How much does it cost?
The ART application fee for a general visa review is about $3,580 in 2026, with a possible reduction for hardship and half refunded if the decision is set aside. Confirm the current fee when you lodge, as it’s reviewed annually.
What if the ART agrees with the refusal?
You may be able to apply to the Federal Circuit and Family Court for judicial review within 35 days, but only where a legal error was made. It’s a narrow avenue, so get advice on whether it fits your case.
Latest News & Updates
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