A refused 482 nomination can be taken to the Administrative Review Tribunal by the employer, not the worker, within 28 days of being notified and for a fee of $3,727, or the employer can lodge a new nomination that fixes the reason for refusal. The refusal letter states why the nomination was refused and whether review is available and by when, and the Tribunal cannot extend the 28 days (Migration Act 1958, sections 347 and 347A; Home Affairs Core Skills stream page). The Skilling Australians Fund levy paid with a refused nomination is not refunded, and the worker’s visa cannot be granted without an approved nomination, so the first step is to read the stated reasons against the evidence that was lodged.
This page is general information, not advice on any particular refusal.
Time limit
An application to the Administrative Review Tribunal must be made within 28 days after the sponsor is notified of the refusal, and the $3,727 fee must be paid before that deadline. The Tribunal cannot extend it (Migration Act 1958, section 347(3) and (5)).
| Stage refused | Who can seek review | Deadline | Fee | Levy refunded? | Effect on the worker |
|---|---|---|---|---|---|
| Standard business sponsorship | The business | 28 days after notification | $3,727 | Yes, if a nomination lodged with it is withdrawn because the sponsorship was refused (reg 2.73AA(3B)) | No nomination can be approved until a sponsorship is |
| Nomination (this page) | The sponsor, as nominator (s 347A(1)(b)) | 28 days after notification | $3,727 | No | The visa cannot be granted without an approved nomination |
| Visa (the worker’s application) | The applicant; for an onshore refusal, only while in Australia (s 347A(2)) | 28 days after notification | $3,727 | Only if the visa was refused on health or character grounds (reg 2.73AA(3D)) | Covered on the visa refusal page |
| Item | Amount | Applies from | Source |
|---|---|---|---|
| Administrative Review Tribunal fee, migration (Part 5) decision | $3,727 | current | Administrative Review Tribunal: fees |
| Time to apply to the ART for review of a reviewable migration decision (nomination, sponsorship, onshore visa), person not in detention | 28 days | current | Migration Act 1958, s 347(3)(b) |
| 482 nomination fee | $330 | current | Home Affairs: cost of sponsoring |
| Skilling Australians Fund levy, 482, turnover under $10 million (per year nominated) | $1,200 | current | Home Affairs: cost of sponsoring |
| Skilling Australians Fund levy, 482, turnover $10 million or more (per year nominated) | $1,800 | current | Home Affairs: cost of sponsoring |
Why are 482 nominations refused?
Each refusal ground is a criterion in regulation 2.72 of the Migration Regulations 1994, or a rule it relies on. What the 482 nomination must prove is the mirror image of this list:
| Ground (source) | What a new or reviewed nomination needs to show |
|---|---|
| Position not genuine (reg 2.72(10)) | Duties consistent with ANZSCO; a position that fits the scope and scale of the business; a position not created to help the nominee stay (Home Affairs, Core Skills stream page) |
| Occupation does not apply: wrong stream or a caveat (reg 2.72(8), 2.73(6); LIN 24/089 ss 7 and 8) | The correct occupation and stream, with no caveat circumstance applying |
| Salary below the market rate or the threshold, or a market rate not worked out by the instrument’s method (reg 2.72(15); IMMI 18/033) | Equivalent-worker or enterprise agreement evidence, or Jobs and Skills Australia and job-ad data; generic surveys alone may be refused (Home Affairs salary requirements page) |
| Labour market testing defect (Migration Act s 140GBA; LIN 18/036) | 2 compliant ads within the 4 months before the new lodgement, open for 4 weeks, with the salary if earnings are below $96,400; or an exemption |
| No capacity to pay (reg 2.72(17A)) | Evidence the business can employ the nominee for the whole period and pay at least the market rate each year |
| Conditions less favourable than an Australian’s (reg 2.72(18)(a)) | Contract terms equal to those of an equivalent Australian worker |
| Sponsor not approved, or sponsorship lapsed (reg 2.72(5), 2.75) | An approved or pending sponsorship before the new nomination is decided |
| Adverse information about the business or an associated person (reg 2.72(4)) | Information showing it is reasonable to disregard it |
| Family members not listed, for an existing 457 or 482 holder (reg 2.72(6)) | Every family member who holds a visa through the worker listed |
A new nomination faces the threshold in force on its own lodgement date: $79,423 (Core Skills) or $146,576 (Specialist Skills) for nominations lodged from 1 July 2026.
How is this different from a visa refusal?
The nomination is the employer’s application, so the employer holds the review right. The visa is the worker’s application, so the worker holds that one. The two are linked: under the Home Affairs Core Skills stream page, the visa needs an approved nomination when it is decided, so a nomination refusal usually becomes a problem for the visa as well. The stage table above shows who acts at each step, and the worker’s side is set out under 482 visa refusal.
Can the employer seek review?
Yes. A refusal to approve a nomination under section 140GB(2) of the Migration Act 1958 is a reviewable decision under regulation 4.02(4). The rules:
- Who applies: the sponsor that made the nomination (section 347A). The worker cannot apply for review of the nomination.
- Deadline: 28 days after notification, with no extension (section 347(3) and (5)).
- Fee: $3,727, paid before the deadline. The ART fees page allows a 50% reduction for financial hardship and refunds 50% of the fee if the decision is set aside, varied or remitted.
The Tribunal’s process and published times are covered on the Administrative Review Tribunal page.
Is the SAF levy refunded?
No. The Home Affairs cost of sponsoring page says costs are not refunded when an application is not successful, and a refused nomination is not among the refund cases in regulation 2.73AA. Two exceptions touch this situation, and both need the nomination to be withdrawn before a decision:
- the nomination was withdrawn because the wrong turnover or period was entered (regulation 2.73AA(3A));
- the nomination was withdrawn because a sponsorship application lodged with it was refused or withdrawn (regulation 2.73AA(3B)).
A new nomination carries a new $330 fee and a new levy of $1,200 or $1,800 for each year nominated. The full list of refund cases is on the SAF levy refund page.
What happens to the worker’s visa application?
The visa cannot be granted without an approved and valid nomination. A worker who already holds a 482 through a previous employer keeps that visa and its conditions, including the condition 8607 limit of 180 days in a row, and 365 days in total, without a sponsor. Whether a pending visa application can rest on a later nomination depends on the facts and is not stated on a Home Affairs page, so this guide does not answer it in general terms.
The worker is not the applicant for the nomination, so whether to seek review of it is the employer’s decision alone. The worker’s options on the visa depend on the worker’s own facts, which the enquiry form below can put to an immigration lawyer.
When is lodging again better?
The rules on a fresh nomination:
- a new nomination can be lodged at any time and is decided on the evidence lodged with it;
- it needs fresh labour market testing if the old ads now fall outside the 4 months before the new lodgement;
- it faces the threshold in force on the new lodgement date;
- review keeps the original nomination and its levy in play, but costs $3,727.
In practice, where the defect is missing or out-of-date evidence, a corrected new nomination is often the more direct route. Where the refusal turns on a contested judgement, such as whether the position is genuine or what the market rate is, review lets an independent Tribunal decide. Neither route guarantees an approval.
An immigration lawyer makes a good result more likely here because the review deadline of 28 days cannot be extended, the choice between review and a fresh nomination turns on whether the defect is one of evidence or of judgement, and a second refusal costs another nomination fee and levy.
Common mistakes after a nomination refusal
- Missing the deadline. The application must reach the ART within 28 days of notification, and the Tribunal cannot extend it (Migration Act section 347(3) and (5)).
- Not paying the fee in time. The ART fee must be paid before the deadline for applying (ART fees page).
- The worker applying instead of the employer. Only the sponsor that made the nomination can seek review of its refusal (section 347A(1)(b)).
- Re-lodging with the same ads. Labour market testing must fall within the 4 months before the new lodgement (LIN 18/036 section 6(1)).
- Re-lodging with only a generic salary survey. Home Affairs warns that this may lead to refusal (salary requirements page).
- Expecting the levy back. A refused nomination is not a refund case (regulation 2.73AA; cost of sponsoring page).
- Letting the sponsorship lapse while deciding. A nomination cannot be approved without an approved sponsorship, and if the sponsorship ends before a renewal is lodged, unfinalised nominations are refused (Home Affairs standard business sponsor page).
Unregistered agents
An unregistered agent who gives immigration assistance on a sponsorship, nomination or visa is breaking the law (Migration Act 1958 s 280). They also carry no professional indemnity insurance, so if their mistake leads to a refusal, lost fees or a closed pathway, the worker or employer has no insurer to claim against. A practising Australian lawyer must carry that insurance.
Questions people ask
Can a visa be approved after refusal?
Yes. The Administrative Review Tribunal can set aside a refused nomination, or a new nomination can be approved, and either can then support a visa grant. A nomination refusal is not permanent.
Does a 482 visa need nomination?
Yes. Home Affairs cannot grant a Core Skills or Specialist Skills 482 unless an approved, valid nomination exists when it decides the visa.
What if 482 nomination refused?
The employer can apply to the ART within 28 days of being notified, for $3,727, or lodge a new nomination with fresh evidence. The levy paid on the refused nomination is not refunded.
What are the reasons for a 482 visa nomination refusal?
A refusal rests on a nomination criterion not being met: most are in regulation 2.72 of the Migration Regulations 1994 (the genuine position test, the salary tests, the occupation or a caveat, and the capacity to pay), and labour market testing is a condition in section 140GBA of the Migration Act 1958.
What is the 482 nomination refusal rate?
Home Affairs does not give a refusal rate for 482 nominations on its nomination, sponsorship or processing-time pages.