We’re pleased to share another successful outcome at the Administrative Review Tribunal (ART).
This case involved the refusal of a Subclass 482 nomination, where the position was assessed as “not genuine” — one of the most common and challenging grounds for refusal in employer-sponsored visa applications.
Following review, the Tribunal set aside the original decision, and the nomination was subsequently approved.
The matter had been before the Tribunal for approximately 18 months and was ultimately determined on the papers, with the Member deciding to proceed without a hearing.
This is a huge win for the employer and nominee as the nominee was also under age/English result constraints potentially affecting his PR pathway.
A refusal is not the end
A nomination refusal by the Department can feel like a major setback — but it is not the end of the road.
Where a decision is not properly supported or does not fully consider the commercial reality of the business, it can be successfully challenged.
What this case highlights
When genuineness is questioned, the focus shifts from simply describing the role to demonstrating:
- How the business actually operates
- Where the role fits within the structure
- Why the position is commercially necessary
How Southern Stone Migration helps
At Southern Stone Migration, we specialise in navigating complex nomination refusals.
We work closely with businesses to:
- Reframe the case around real business operations
- Strengthen the evidentiary foundation of the role
- Address the Department’s concerns directly and strategically
- Prepare clear, decision-maker focused submissions
Key Takeaway
A refusal does not mean the case is over — it often means the case needs to be presented differently.
If you have received a refusal or have concerns about your nomination, it is critical to seek advice early.
A well-prepared and strategically structured approach can make all the difference.
