An employer nomination refusal is one of the most stressful moments for many applicants. It means the applicant has only 28 days to determine their own fate.

So today, let’s discuss what measures can be taken within this limited time to salvage the nomination.

First, understand the reason for the refusal. Common reasons for nomination refusals include:

Genuine Position

For example:

Job duties not matching the ANZSCO description

Insufficient workload to justify a full-time position

Position-Specific Restrictions

For example:

Chef positions cannot be sponsored by fast-food or limited-service restaurants

Marketing specialist roles cannot involve front-line retail work

Massage therapists must be sponsored by clinic-based establishments, etc.

Salary (TSMIT) or Working Hours Not Meeting Requirements

For example:

Salary below the minimum standard

Incorrect hourly wage calculation

Errors in including benefits in calculations

Business Scale or Operational Capacity Issues

For example:

Poor financial health of the employer

Financial data conflicting with the requirements of the position

Identifying the exact reason for refusal is crucial to determining the direction of remediation. This step is critical.

Remediation Steps:

Two Main Remediation Paths (You Must Choose One)

After a nomination is refused, you have two remediation options. Choosing the wrong one will lead to a second refusal.

Path 1: Submit a New Nomination Application

Suitable in the following situations:

The refusal reason can be corrected

The refusal was due to errors in previous documentation by the agent or employer

The employer is willing to cooperate in providing additional documents

Time constraints make an appeal unsuitable

Examples:

Incorrect salary calculation

Errors in working hours documentation

Insufficient supporting documents

Lack of evidence for "Full Table Service" in a restaurant

Advantages of Re-submission:

Avoids a lengthy appeals process

If the revised documents are solid, approval is usually straightforward

The new application "overrides" the impact of the previous refusal

Path 2: Appeal to the ART (Suitable for Refusals Involving "Qualitative Disputes")

Suitable in the following situations:

The restaurant is classified as a "Limited Service" establishment

The genuineness of the position is questioned, but the employer has a legitimate need

There is a dispute over the skill level of the position

The employer is willing to cooperate in a long-term appeal process

Disadvantages:

Time-consuming (months or even over a year)

Higher costs

Which Cases Are Suitable for an Appeal?

Only cases involving "qualitative disputes," such as "restaurant type classification" or "position genuineness," are worth pursuing through an appeal.

Recommendations for Decision-Making

If the refusal was due to "documentation errors" → Re-submission is the fastest and most successful approach.
In our experience, most refusals due to "minor errors" that were re-submitted within 28 days were approved without additional documentation requests.
Note: For applicants requiring Labour Market Testing, time is even tighter, and strategy becomes more important.

If the refusal was due to a "qualitative dispute with the immigration authority" → An appeal may offer better value.
For disputes involving qualitative assessments, such as whether a restaurant qualifies as "Full Table Service," an ART appeal is often necessary

NEWPOINT
Conclusion

After the first refusal, do not submit the same application a second time. Many applicants receive a second refusal because:

Their documents were not significantly improved

Their strategy remained unchanged, and they simply resubmitted the same materials
A second refusal is much harder to salvage.

Additionally, the employer must be willing to cooperate. Without their support, it is impossible to provide new evidence. Employer cooperation is a core element of successful remediation.

A nomination refusal is not the end of your visa journey—it’s a turning point. The key lies in how you recover from it!

If you have questions about an employer nomination refusal, feel free to scan the code for a consultation.

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