What happens if an employer’s 482 nomination is refused?

Written by Immigrad · Registered Migration Agent · MARN 1805710 · Last updated November 2026

If Home Affairs refuses a 482 nomination, the employer cannot proceed on that nomination, and the worker’s linked visa application generally cannot be granted. The employer may be able to apply to the Administrative Review Tribunal, or address the reasons and nominate again. The deadline for review is stated in the decision letter and cannot be extended.

This is general information only. Complex cases need personal advice from a registered migration agent.

Why are 482 nominations refused?

Common reasons include a position that does not appear genuine, salary evidence that does not support the market rate, labour market testing errors, and documents that tell inconsistent stories. Our guide to 482 nomination requirements explains each theme, and the labour market testing advertisement rules and 482 and 494 salary requirements cover two of the most frequent problem areas.

What are the options after a refusal?

Read the decision record carefully first. The reasons determine whether a review application, a fresh nomination, or a different pathway is the better option. Do not act until you have confirmed the deadline in the letter.

Who can ask for a review of a refused nomination?

A refused nomination is a decision about the employer’s sponsorship, so the sponsor is the party with review rights, not the worker. The Administrative Review Tribunal states it can review decisions to refuse approval of a nominated occupation, activity or position under the Migration Act 1958.

How long does an employer have to apply for review?

The time limit is set out in the Department of Home Affairs decision letter. The Tribunal states it has no power to extend that limit, so a late application cannot be considered. Check the date on the letter straight away and do not rely on general figures.

Can the employer simply lodge a new nomination?

Sometimes, but a new nomination is assessed afresh and the earlier refusal reasons will be relevant. If the problem was a vague position description, thin salary evidence or an advertising error, fixing those issues first is usually sensible. Whether to review or re-nominate depends on the facts.

What happens to the worker’s visa application?

The nomination and the visa application are separate decisions that are linked. If the nomination is refused, the worker’s application generally cannot be granted while it stands. Any outcome depends on the individual case, and no result or timeframe can be guaranteed.

A registered agent can review the refusal reasons and your evidence before you decide. See whether employers need a registered migration agent.

Book a consultation with a registered migration agent

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