Sponsorship or Nomination Refused: ART Review for Employers
When the Department of Home Affairs refuses a business’s sponsorship or nomination, the business can often apply to the Administrative Review Tribunal (ART) for merits review. The employer applies, not the worker. The application and the fee must be lodged within 28 days of being notified of the decision, and the Tribunal cannot extend that time, so contact us as soon as the refusal arrives.
Decisions you can ask the ART to review
- A refusal to approve your business as a standard business sponsor or temporary activities sponsor
- A refused nomination for a Skills in Demand (482), Skilled Employer Sponsored Regional (494) or Training (407) position
- A refused Employer Nomination Scheme (186) nomination, in any stream
- A decision to cancel your sponsorship approval or to bar you from sponsoring
- A refusal to vary the terms of your sponsorship approval
- Some decisions about businesses that do not operate in Australia cannot be reviewed. Your refusal letter says whether yours can.
Time limit and fee
- Apply within 28 days after you are notified of the decision. If the decision was emailed, you are treated as notified at the end of the day it was sent.
- The ART cannot extend this time limit, so a late application cannot go ahead.
- The application fee is $3,727 (from 1 July 2026) and must be paid by the deadline. A 50% reduction may be available on financial hardship grounds.
- Half the fee is refunded if the ART sets aside or varies the decision, or sends it back to the Department.
What the ART can do
- Affirm the refusal, vary it, or set it aside and make a new decision
- For a nomination, send it back to the Department, for example with a direction that a criterion is met. The Department then reconsiders the nomination in line with the ART’s directions.
- A nomination can only be approved for an approved sponsor, so if both the sponsorship and the nomination were refused, both decisions need attention.
What it means for your worker
- Your worker’s 482, 494 or 186 visa needs an approved nomination, so a refused nomination puts their visa application at risk.
- If your worker’s 482 or 494 visa is refused while your review is still pending, the worker can generally seek review of that refusal too.
- We keep your review and your worker’s visa in step, so neither deadline is missed.
How we help
- Read the refusal reasons and tell you plainly whether review, a new application or another option is the better route
- Lodge the review on time, with the fee and the documents the ART needs
- Prepare submissions and evidence that answer each refusal reason, such as the genuine need for the position, labour market testing, the salary or how the business operates
- Represent your business before the ART and keep your worker informed
Common pitfalls
- Missing the 28 days, or paying the fee after the deadline
- Sending the same evidence again without answering the refusal reasons
- Lodging a new nomination without fixing the problem that caused the refusal
- Letting the worker’s visa deadlines slip while the review runs
Not sure whether this applies to your business? Ask us
Frequently asked questions
Who applies for review: the business or the worker?
The business. For a sponsorship or nomination refusal, only the business that made the application can apply for review.
Can the 28 days be extended?
No. The Migration Act does not allow the ART to extend the time limit for these decisions, so act as soon as you receive the refusal.
Should we lodge a new nomination instead?
Sometimes a new application is quicker. Sometimes review is the better path, for example if the refusal reasons are wrong or your worker’s visa depends on the original nomination. We look at the reasons, the timing and your worker’s visa, and advise you before the deadline.
Do we need a registered migration agent?
A business can apply and present its own case. Anyone who gives the business immigration assistance with the review must, with limited exceptions, be a registered migration agent or an Australian legal practitioner.
Talk to us about your sponsorship
Tell us about your business and the role you need to fill. We will review your circumstances and explain the suitable pathway and next steps.