186 Nomination Refused: Employer Review Rights and Visa Consequences

A subclass 186 nomination refusal can place the associated permanent visa application at risk. The employer’s nomination and the worker’s visa are separate applications, but an approved nomination is central to the Employer Nomination Scheme.

Start with the nomination decision record

Identify the exact requirement the delegate found was not met. Potential issues can include the genuineness or availability of the position, business operations, employment conditions, stream-specific requirements, adverse information or insufficient supporting evidence.

Review rights can belong to a different party

The refusal notification should state whether the nomination decision is reviewable, who may apply to the Administrative Review Tribunal and the deadline. Do not assume that the visa applicant alone can review the employer’s nomination decision.

What happens to the 186 visa application?

If the nomination is not approved, the related visa generally faces a fundamental problem. However, the timing of the visa decision may differ from the nomination decision. Do not withdraw the visa or nomination automatically before obtaining advice about the available strategy.

TRT and Direct Entry refusals can involve different issues

In the Temporary Residence Transition stream, the employment and sponsored-work history may be central. Direct Entry cases can involve skills assessment, occupation and position requirements. The refusal strategy should be built around the actual stream.

Can the employer lodge another nomination?

A fresh nomination can sometimes be considered, but it should not simply reproduce the refused application. Determine whether the refusal arose from a correctable evidentiary problem or a substantive eligibility issue.

Position no longer available

Home Affairs states that a subclass 186 visa cannot be granted if the nominated position is no longer available. If the business has restructured or the worker’s role has materially changed, obtain advice before pursuing a review based on an outdated position.

Evidence for a genuine position

Depending on the refusal, the employer may need updated financial records, organisational charts, contracts, workforce information, position descriptions and evidence explaining why the permanent role is required.

Age or employment-history issues

Where the visa applicant is 45 or over, assess any age exemption separately. For TRT applicants, see our guide to 186 TRT age exemptions.

Do not miss the visa refusal deadline

If the visa is later refused, it can carry its own review rights and time limit. Track the nomination and visa matters independently.

Our subclass 186 requirements guide provides broader context on the permanent employer-sponsored pathway.

Documents for legal review

Bring the nomination and visa applications, refusal decision, employer financial and organisational evidence, employment contract, applicant’s visa history and all Department correspondence.

If a subclass 186 nomination has been refused, contact Emigrate Lawyers promptly to assess review rights and the linked visa position.

Related guide: 186 TRT age exemptions can be relevant where the nomination problem overlaps with an applicant aged 45 or over.

Official resource: Home Affairs subclass 186 information.

This article is general information only and does not constitute legal advice.