Quick Answer
A Subclass 482 nomination or visa application is most commonly refused for one of five reasons: the position isn’t considered “genuine,” the sponsoring business fails the Labour Market Testing (LMT) requirement, the applicant doesn’t meet the skills or work experience threshold, the nominated salary falls below the Core Skills Income Threshold (CSIT), or the health/character requirements aren’t met. If you’ve been refused, you generally have 21 days to lodge an appeal at the Administrative Review Tribunal (ART) β and in many cases the underlying issue is fixable with a stronger reapplication rather than an appeal at all.
Nomination Refused vs Visa Refused β Know Which One You’re Dealing With
The Subclass 482 process has two linked but separate decisions: the employer’s nomination (approving the position) and the applicant’s visa application (approving the person). Either can be refused independently, and the refusal letter should say which one you’re dealing with β this matters because it changes who has standing to appeal and what evidence is relevant.
If your employer’s sponsorship approval itself has been lost or ended β rather than a specific nomination or visa being refused β that’s a different situation with its own 60-day rule, covered in our guide: What Happens If Your Employer Loses 482 Sponsorship.
The 5 Most Common Reasons a 482 Is Refused
| Reason | Applies To |
|---|---|
| Position not “genuine” | Nomination |
| Labour Market Testing (LMT) non-compliant | Nomination |
| Skills/qualifications/experience shortfall | Visa |
| Salary below CSIT | Nomination |
| Health or character concerns | Visa |
Reason 1: The “Genuine Position” Test
The Department assesses whether the nominated role is a genuine, existing need in the business β not one manufactured to bring in a specific worker. Refusals under this ground often cite: the business’s operational size and structure not credibly supporting the role, duties that don’t align with the nominated occupation’s ANZSCO description, or an organisational chart that doesn’t reflect the actual reporting structure. Strong evidence includes financial records showing genuine capacity to pay, a detailed position description matching day-to-day duties, and β where relevant β evidence of the business’s operational history and client base.
Reason 2: Labour Market Testing Failures
LMT requires advertising the role appropriately before nominating an overseas worker, with specific requirements around advertisement duration, platforms, and content. Common failure points: advertisements that ran for too short a period, adverts that didn’t mention the correct salary range or requirements, or using platforms that don’t meet the Department’s criteria. For the technical detail on what counts as compliant advertising, see our guide on LMT Advertisement Compliance and on LMT Exemptions if your occupation or circumstances may qualify for one.
Reason 3: Skills, Qualifications and Work Experience Gaps
Each nominated occupation carries specific skill, qualification, and (for most occupations) work experience requirements β typically at least one year of relevant experience. Refusals here usually come down to: work experience that can’t be sufficiently evidenced (no payslips, contracts, or reference letters), qualifications that aren’t recognised as equivalent to the Australian standard, or experience gained in a role that doesn’t clearly align with the nominated ANZSCO occupation’s tasks.
Reason 4: Salary Below the Core Skills Income Threshold
The nominated salary must meet or exceed the Core Skills Income Threshold (CSIT) β a figure that changes periodically. Refusals on this ground are usually mechanical: the contract or nomination simply understated the offered salary relative to the threshold in force at the time of nomination. See our full breakdown of current rates: 482 Visa Annual Salary: TSMIT and Core Skills Rates.
Reason 5: Health and Character Requirements
All 482 applicants must meet health examination requirements and character requirements, including police clearance certificates from every country lived in for 12 months or more in the past 10 years. Refusals here can sometimes overlap with more serious character test issues β see our guide on Section 501 Character Test Australia if your refusal references character grounds specifically, and our guide on PIC 4020 and bogus documents if the refusal cites a specific document or piece of information as false.
Should You Appeal or Reapply?
This is the single most important strategic decision after a refusal, and it’s not automatic that appealing is the right move.
| Appeal at ART Makes Sense When | Reapplying Makes Sense When |
|---|---|
| You believe the decision-maker made a factual or legal error | The underlying issue (e.g. LMT advertising, salary) is straightforwardly fixable |
| You have additional evidence that was available at the time but wasn’t properly considered | Time is critical and a fresh, stronger application would be faster than review |
| The refusal reasoning appears inconsistent with the evidence actually submitted | The refusal exposed a genuine gap (e.g. insufficient work experience evidence) that needs new evidence gathering, not review of old evidence |
For the general appeal timeline once you decide to proceed, see our ART Appeal Timelines guide.
How the ART Appeal Process Works
- Check your deadline β generally 21 days from notification for 482 nomination/visa refusals, though this can vary; the exact deadline is stated on your refusal letter.
- Gather additional evidence addressing the specific refusal ground β don’t submit a generic response.
- Lodge with the ART along with the required fee (partially refundable if you succeed).
- Wait for review β some matters proceed on the papers, others require a hearing.
- Get the outcome β the Tribunal can affirm, vary, or set aside the original decision.
Frequently Asked Questions
How long do I have to appeal a 482 visa or nomination refusal?
Generally 21 days from the date of notification, though the exact deadline is stated on your refusal letter and can vary by circumstance. This deadline is strict and cannot generally be extended.
What’s the difference between a nomination refusal and a visa refusal?
The nomination is the employer’s approval of the position; the visa is the applicant’s individual approval. Either can be refused independently β genuine position, LMT, and salary issues usually relate to the nomination, while skills, health, and character issues usually relate to the visa itself.
Is it always better to appeal than to reapply?
No. If the refusal reason is something straightforwardly fixable β like non-compliant LMT advertising or an understated salary β a fresh, corrected application is often faster and more reliable than waiting for a Tribunal review.
Can I keep working in Australia while my appeal is being decided?
This depends on your current visa status and bridging visa arrangements at the time of refusal β it is not automatic. Get advice on your specific bridging visa situation immediately after receiving a refusal.
This article is general information only and does not constitute legal advice. Every 482 refusal turns on its specific facts. If your nomination or visa has been refused, contact Magpie Consultants before your appeal deadline passes.
Reviewed by: Umar Ashraf, Registered Migration Agent β MARN 2619222, Magpie Consultants
Umar Ashraf
MARA Registered Migration Agent & Education Consultant | MARA #2619222 | Epping, Melbourne VIC
Umar Ashraf is a MARA-registered migration agent specialising in complex cases, visa cancellations, ART tribunal appeals, and employer sponsorship. He provides consultations in English, Urdu, Punjabi and Hindi.
