Nomination Refusal vs. Visa Refusal: Understand the Key Difference for Your Australian Visa

Receiving a letter stating that your Australian visa application has been rejected can be incredibly confusing and disheartening. Was it a nomination refusal or a visa refusal? Understanding the difference between the two is crucial for understanding why your application failed, what you can expect, and what steps you can take next. This is especially relevant to individuals involved in employer-sponsored visa refusals (e.g., the Skills in Demand (SID) (Subclass 482) visa and/or the Employer Nomination Scheme (ENS) (Subclass 186) visa).

What is a Nomination Application?

Before an individual can get an employer-nomination visa, the employer must first make a nomination application. This application focuses entirely on the employer’s role and the nominated position being offered. The Department of Home Affairs (DoHA) assesses:

The genuine need for the position within the business.
The position, salary, and terms of employment offered.
Compliance with Labour Market Testing (LMT) requirements
The employer’s compliance history as a sponsor.

Note: The approval of the nomination is a separate legal decision from the visa application itself.

What is a Visa Application?

Following a successful nomination, the individual then makes a visa application. This stage is applicant-focused, where DoHA assesses whether the individual meets the eligibility criteria for the specific visa subclass. This assessment is independent of the nomination’s approval and cover:

The applicant’s skills, qualifications and work experience.
English language proficiency.
Health requirements (for applicant and if any, all included family members)
Character requirements
Other Public Interest Criteria (PICs) relevant to the applicant’s history.

What is a Nomination Refusal?

A nomination refusal means DoHA has rejected the employer’s application to sponsor a particular position. This often happens because:

The position is not deemed genuine or necessary for the business.
The employer failed to conduct adequate LMT.
The nominated salary is below the salary threshold.
The employer has a poor compliance history.

If the nomination is refused, the individual’s linked visa application cannot be granted. It will be either refused or withdrawn. The employer usually has the right to appeal this refusal to the Administrative Review Tribunal (ART).

What is a Visa Refusal?

A visa refusal occurs when DoHA rejects the individual’s application; it may occur even if the nomination was approved. This means the applicant failed to meet the visa eligibility criteria. Common grounds include:

Did not meet the minimum requirement for the English language.
Failing skills assessment requirement.
Not meeting health or character requirements.
Breaching Public Interest Criteria (PICs) like PIC 4020 (false information) or PIC 4013 or PIC 4014 (previous visa breaches/unlawful status).

For the refused applicant, significant risks, such as the Section 48 Bar, can arise.

Can You Reapply or Appeal the Nomination or Visa Application?

The employer can appeal to the ART or lodge a new nomination. It is a similar process for visa refusals, too; applicants can typically seek merits review to appeal to the ART. Make sure to submit the appeal within the limited timeframe.

Why Early Legal Advice Matters?

Navigating through these complexities requires expert guidance. Early engagement with an immigration lawyer who is an Accredited Specialist in Immigration Law helps address the root cause effectively and preserve future visa pathways.

Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.

How Can Agape Henry Crux Help You?

If you find the process of appealing for the nomination or visa application for employer-sponsored visa pathways confusing, consider arranging a consultation with an immigration lawyer for professional advice and guidance. At Agape Henry Crux, our team of immigration lawyers work closely with our Accredited Specialists in Immigration Law to handle highly complex matters. You can book a Migration Planning Session with our team by calling 02 8310 5230 or emailing us at info@ahclawyers.com to arrange a time.

We speak fluent English, Mandarin and Cantonese. If these aren’t your language, we can also help you arrange an interpreter.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

Client Testimonials

….we call it Support Network

As navigating through the immigration law process may be difficult, our former clients have agreed to share their experiences through telephone chats, emails and meetings in person.

These are their stories…

Sponsored Work Visa Grants