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Nomination Refusal Appeal

Internal departmental figures show nomination refusals on the rise.

Nomination applications for TSS 482, ENS 186 and RSMS 187 and Training Visa 407 are affected.

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Reasons for refusal are broad but are generally the result of a more strict application of assessment  criteria under the Migration Regulations (1994). Appealing the decision through the Administrative Appeals Tribunal (AAT) is permitted under the Regulations.  However, this is time consuming and another cost impost for employers.

In some cases, interim appeal can be made to the Department to reverse the refusal decision. Interim appeal must be made before application to the AAT or if no application to the AAT has been made. 

There are strict conditions applied before appeals are accepted. Contact us with refusal decision record and we can advise

If your nomination refusal is eligible for interim appeal, you can appeal before AAT application is lodged.

Most Common Reasons for Nomination Refusal

  • Broader economic factors surrounding the business, such as whether the industry in which it operates is in decline
  • Average or above-average unemployment in the nominated occupation
  • The business has recently laid off employees in the nominated or similar roles
  • The business has recently reduced hours of operations
  • Other employees in the business have experienced a reduction in pay and conditions (note, the ATO and DIBP databases are increasingly linked to cross check business activities)
  • The business is small and employs a number of 482 visa holders or other temporary visa holders, and there are no, or few, Australian employees
  • Management positions nominated at the lower end of the market salary rate according to industry standards
  • The nominated occupation is generic in nature (the department identifies Marketing Specialist, Program or Project Administrator, Specialist Manager NEC)
  • The business is an overseas entity sponsoring a visa holder through an associated entity
  • The business sponsor is an overseas entity with newly established branch in Australia but nominated role is not suited to establishing the Australian business and to be responsible for operations of the business in the short to medium term
  • Inconsistent information about tasks performed in the role and those on the nominated occupation as defined by ANZSCO description
  • The list of tasks provided in the application form has been substantially copied from the ANZSCO dictionary into the application form or job description
  • The business wishes to nominate a General Manager and is an import/export business with no employers other than directors
  • The business relies on rental income from domestic properties (for example, renting rooms to overseas students)

Recent Successful Cases

Recent Successful Appeal: sc 482 Nomination Refusal
Victorian based employer refused nomination for Chef on grounds of failure to satisfy genuine position criteria. We lodged an immediate appeal addressing the the key points in the decision record and providing supporting evidence and arguments demonstrating the case officer’s error. Appeal was successful and refusal decision reversed three and a half weeks from date of nomination refusal decision.
Recent Successful Appeal: sc 187 Nomination Refusal
Regional NSW based employer refused nomination for Marketing Manager on grounds of failure to satisfy evidence of capacity to provide ongoing employment. We lodged an immediate appeal addressing the the key points in the decision record and offered new supporting evidence and arguments demonstrating the case officer’s error. Appeal was successful and refusal decision reversed around two months from date of nomination refusal decision.

To order complete end to end interim appeal for nomination refusal, complete order and payment below. Once decision record and payment is received, we will contact you for additional supporting documentation to complete and lodge interim appeal with the Department of Home Affairs.