Employer Nomination Application Refused / Rejected

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Employer Nomination Application Refused / Rejected

Employer Nomination Application refusals can include the visa subclasses 407, 408, 457, 482, 494, 186, 187.

What happens to the pending visa application that is linked to the refused nomination?

After you have received a nomination refusal, you will need to make a decision as to what course of action you and the visa applicant wish to take with regards to the pending visa application.

You will receive a letter from the Department of Home Affairs inviting you to take action with regards to the pending visa application.

Your Possible Options

If you have just received notification that your Employer Nomination Application has been refused, it is important that you obtain legal advice as soon as possible. 

The urgency arises because the longer that you leave it, the less options you will have. 

Your options may be:

• To withdraw the visa application and the visa applicant will avoid a visa refusal; or
• Lodge a nomination review application with the Tribunal, allow the visa application to also be refused and then lodge a separate visa review application with the Tribunal.

Having a visa refusal may have consequences such as being barred from making another visa application whilst in Australia.

Tribunal (AAT) Review

The Tribunal has strict time limitations and if you do not lodge a review application with the Tribunal in time, it will be what’s known as an invalid application and if it’s an invalid application, you will have no review rights at the Tribunal.

One of the benefits of having your matter reviewed at the Tribunal is that the Tribunal is not a part of the Department of Home Affairs who refused your Employer Nomination Application.

The Tribunal hearing is what’s known as a Merits Review and a Merits Review is basically a second chance. At a Merits Review, all the information that you have submitted that was included in the original work sponsored visa application will be considered. Additionally, any evidence that we are able to compile for you up to and including the date of the Tribunal review hearing, will also be considered.

What Visa & Citizenship Lawyers will do for you if you want to appeal to the Tribunal

Visa & Citizenship Lawyers will:

• Assess the refusal and inform you of the strengths and weaknesses of your case;
• Lodge a review application with the Tribunal;
• Inform you what information will help your case and guide you during the waiting time for the Tribunal review with preparing evidence;
• Work with you to draft detailed Statutory Declarations supported by evidence;
• Draft detailed Submissions and lodge with the Tribunal;
• Attend the Tribunal hearing with you and assist you in presenting your case before the Tribunal;
• Draft further detailed Submissions (if necessary), before the Tribunal Member has made their decision.

Example*

ABC Pty Ltd is a marketing company based in Sydney. ABC self-lodged a 186 nomination and visa application for John, who is a web designer who was already working for the company on a 482 visa. The company received a letter from the Department of Home Affairs stating that the nomination application had been refused on the grounds that the case officer did not believe the position was a genuine position.

ABC immediately engaged Visa & Citizenship Lawyers to have the matter assessed as they really want to keep John. ABC are advised that with proper case preparation there were good prospects that the Tribunal would look favourably upon the matter based on similar decisions.

ABC instructed Visa & Citizenship Lawyers to lodge a Tribunal review application.  John’s visa was allowed to be refused and a separate Tribunal review application was lodged for his visa application. In the ensuing 12 months, Visa & Citizenship Lawyers worked with ABC to prepare a strong case to present to the Tribunal. The matter was heard before the Tribunal in Sydney, with a successful result.

* (Names and facts have been changed to protect the identity of clients)