The Tribunal looks at the matter again - and with the right evidence, a refusal can be turned around.

If your business has been refused sponsorship approval, or a nomination for a worker has been knocked back, you often have the right to ask the Administrative Review Tribunal (ART) to review the decision. We see employer decisions overturned regularly, especially where the original refusal came down to something that can now be properly addressed.

Depending on the decision, review rights may apply to:

• Refusal of your business sponsorship application
• Refusal of a nomination for a specific position or worker
• A bar or cancellation affecting your sponsorship status

Note that the worker's own visa refusal can be a separate matter with its own review rights and deadlines. We look at the whole picture - both the business decision and the worker's position - so nothing falls through the gap.

Most employer refusals turn on issues that can be answered with better evidence the second time around.

Common reasons include questions about whether the position is genuine, whether labour market testing was done correctly, salary and market rate requirements, or the financial standing of the business. Many of these aren't fatal flaws - they're gaps in how the case was put. That's exactly what review lets you fix.

We read the refusal to understand the real reason behind it, then build a review case that meets each concern head-on with proper evidence. At the same time, we advise you on protecting your worker's status while the review runs.

The clock starts on the date of your refusal letter, and the window is short.

For most sponsorship and nomination refusals, you generally have around 21 to 28 days from the date on the decision letter to apply to the Administrative Review Tribunal (ART). The exact deadline depends on the decision type, and some scenarios are much tighter, so the only number that counts is the one tied to your own letter.

If your worker is onshore, the refusal can affect their own visa position while the review runs. Depending on their circumstances, a Bridging visa may keep them lawful in the meantime, but this is not automatic in every case. We look at the worker's status alongside the business decision so neither is left exposed.

What to send us, and what typically turns a refusal around.

• The refusal letter in full, so we can read the actual reasons given
• Business financials and records that show the position is viable and ongoing
• Payroll and organisational detail showing how the role fits the business
• Updated job advertising or labour market testing in line with current rules
• Evidence the salary meets the annual market salary rate for the role
• Your sponsorship and compliance history, if it was raised in the decision

What actually wins depends on why the refusal happened. Where it came down to a gap in how the case was put, fresh evidence often answers the concern directly. Where the decision itself was wrong, the focus shifts to the law and the facts already on file. We work out which it is before we build the case.

The Administrative Review Tribunal takes a fresh look at your matter.

Review is handled by the Administrative Review Tribunal (ART), which replaced the AAT and IAA on 14 October 2024. The ART is independent of the Department and considers the decision afresh, which means new evidence and a clearer presentation of your case can change the outcome. It is not a rubber stamp of the original refusal, and that is why properly prepared employer matters can be turned around.

An ART review currently carries a fee of around AUD 3,580. Around half of that fee may be refunded if your review succeeds, and the fee is indexed each 1 July, so confirm the current figure before you lodge. The Tribunal sets its own timetable, and how long a review takes can vary with the complexity of the matter and the current queue, so we give you a realistic sense of timing for your specific case rather than a blanket figure.

Related help.

Employer appeal questions.