Home/Appeals & Reviews/Sponsorship & Nomination Refusals

Sponsorship & Nomination Refusals

Overview

✦Sponsorship and Nomination Refusals

An employer-sponsored visa involves a structured process rather than a single decision.

In most employer-sponsored visa pathways, separate approvals are required for the employer's sponsorship, the nomination of the position, and the visa application itself. A refusal at any stage may prevent the application from progressing.

Understanding which decision has been refused—and the reasons for the refusal—is essential in determining the most appropriate next steps.

The Three Gates

Gate 1 — Standard Business Sponsorship

Focus: Whether the business satisfies the requirements to become or remain an approved sponsor, including lawful and active operation, financial capacity, and compliance with Australian migration and workplace laws. Review rights: Some sponsorship decisions may carry review rights before the Administrative Review Tribunal (ART), depending on the legislative provisions that apply.

Gate 2 — The Nomination

Focus: Whether the nominated position satisfies the legislative requirements, including the genuine position requirement, occupation classification, salary requirements, and any applicable labour market testing obligations. Review rights: Some nomination decisions may be reviewed by the Administrative Review Tribunal (ART), depending on the type of nomination and the relevant legislative provisions.

Gate 3 — The Visa Application

Focus: Whether the visa applicant satisfies the requirements for the relevant visa, including skills, qualifications, English language requirements (where applicable), health, character, and any other legislative criteria. Review rights: Whether review rights are available depends on the visa subclass, who made the decision, and the applicant's individual circumstances.

Why Nominations Get Refused

Nominations are subject to rigorous checks by the Department:

1. Salary thresholds

The nominated position must satisfy the applicable legislative salary requirements, including any relevant income thresholds and market salary requirements in force at the time the nomination is lodged. Nominations lodged on or after 1 July 2026 must meet the indexed thresholds: the Core Skills Income Threshold of $79,499 or the Specialist Skills Income Threshold of $146,717 (excluding superannuation), as applicable (Last Updated: 26 July 2026).

2. Labour Market Testing

Where required, labour market testing must comply with the applicable legislative requirements, including advertising requirements, timing, and supporting evidence.

3. Annual Market Salary Rate

The Department considers whether the proposed salary is consistent with the Annual Market Salary Rate (AMSR) and whether equivalent Australian workers would receive comparable remuneration for the same role.

4. The Genuine Position Requirement

The Department assesses whether the nominated position is genuine, necessary for the business, and consistent with its operational requirements.

Training Visa (Subclass 407) Sequencing

Training Visa applications involve separate sponsorship, nomination, and visa application requirements. Because the legislative requirements differ from other employer-sponsored visas, obtaining advice before lodging an application can help ensure the correct process is followed.

Fix the Underlying Problem, Not Just the Refusal

Successfully responding to a refusal often requires more than simply lodging a review application or submitting the same evidence again.

Identifying the legal and factual reasons for the refusal is essential to determining whether the matter is best addressed through merits review, judicial review, or a fresh application supported by stronger evidence.

We carefully assess the reasons for refusal and provide practical advice tailored to the circumstances of both employers and visa applicants.

Frequently Asked Questions

What is the difference between sponsorship and nomination?

Sponsorship relates to the employer's approval to sponsor overseas workers. A nomination relates to the specific position the employer wishes to fill. The visa application assesses whether the individual applicant satisfies the requirements for the relevant visa.

Why was my sponsorship or nomination refused?

Refusals may occur for a variety of reasons, including failure to satisfy sponsorship requirements, issues relating to the nominated position, salary requirements, labour market testing obligations, or insufficient supporting evidence.

Can a sponsorship or nomination refusal be reviewed?

Some sponsorship and nomination decisions carry review rights before the Administrative Review Tribunal (ART). Whether review is available depends on the legislative provisions governing the particular decision.

Can a new application be lodged after a refusal?

In some circumstances, yes. Whether a new application can be lodged depends on the reasons for the refusal, the legislative requirements, and the particular circumstances of the business and the applicant.

Why Choose Yantra Legal?

Choosing a lawyer is about more than legal knowledge. You want someone who will listen, understand your situation, and guide you with honesty and care. That's how we work at Yantra Legal.

Lived Migration Experience

Having lived in Nepal, Germany and Australia, we understand what it feels like to build a new life in a different country. We know that migration matters often involve family, work, uncertainty and important life decisions—not just paperwork.

Direct Access to Your Solicitor

When you choose Yantra Legal, you work directly with our solicitor, Krishna Giri from your first consultation until your matter is finalised. Your case is not passed between different staff members, so you always know who is handling your matter.

Clear & Honest Advice

Legal advice should be clear, not confusing. We explain your options in plain English and, where helpful, in Nepali or Hindi, so you can make informed decisions with confidence.

Truly Personalised Representation

No two legal matters are the same. We take the time to understand your circumstances, your goals and what matters most to you. Our advice is tailored to your situation rather than following a one-size-fits-all approach.

Fixed-Fee Transparency

We believe you should know what to expect before you proceed. We offer fixed-fee initial consultations and provide clear information about legal costs, so there are no unexpected surprises.

Choosing a lawyer is about more than legal knowledge. You want someone who will listen, understand your situation, and guide you with honesty and care. That's how we work at Yantra Legal.

Lived ExperienceDirect Solicitor AccessClear & Honest AdvicePersonalised RepresentationFixed-Fee Transparency

Address Your Sponsorship Refusal Effectively

A sponsorship or nomination refusal can affect both employers and visa applicants. Obtaining timely legal advice can help identify the reasons for the refusal, assess available review rights, and determine the most appropriate pathway forward.

⚠️ Why Seek Advice Early?

Time limits apply to most appeals, review applications, and judicial review matters. In many cases, strict deadlines begin from the date of the decision. Seeking legal advice early can significantly improve your understanding of available options and help ensure that important rights are not missed.

Strict time limits apply to most appeals and review processes. Early advice can help protect your legal options and improve your chances of a positive outcome.