Work Sponsored Visa Refused / Rejected

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Work Sponsored Visa Application Refusals

Work Sponsored Visa Application refusals can include the visa subclasses 407, 408, 457, 482, 494, 186, 187. 

Your Possible Options

If you have just received notification that your Work Sponsored Visa 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. 

Depending on your individual circumstances, possible options available to you may include:

• Accepting the refusal decision
• Re-lodging a new application
• Applying to appeal the refusal decision at the Administrative Appeals Tribunal (the Tribunal)

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 Work Sponsored Visa 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.

Potentially, one of the benefits of a Tribunal hearing for a Work Sponsored Visa Application refusal in particular, is that Tribunal hearings to review Work Sponsored Visa Application refusals are currently taking approximately 1.5 years to be heard. This lengthy time frame allows us to assist and guide you in building your strongest case to put to the Tribunal, as all evidence up until the Tribunal hearing can be considered. This may include additional work experience evidence if you are working in the nominated occupation. 

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*

Victor is a citizen of the Philippines, he was in Melbourne on a student visa and had been working as a mechanic for Fast Cars Pty Ltd. Fast Cars were impressed with Victor and wanted to sponsor him on a work visa, so Fast Cars lodged a 482 nomination application and visa application. The nomination application was approved however the visa application was refused as the Department of Home Affairs decided that Victor did not meet the skill level requirement.
Fast Cars and Victor engaged Visa & Citizenship Lawyers to review the refusal and it was decided to appeal the 482 visa application refusal to the Tribunal. Victor remained working for Fast Cars for the next year and a half until the matter was finally heard at the Tribunal. At the Tribunal it was found that Victor did have the required skill level for the visa and he was granted a 482 visa. 

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