186 Visa Refused After Nomination Approval: ART Review or New Application?

Updated September 2026. An approved Employer Nomination Scheme (Subclass 186) nomination does not guarantee that the employee’s visa will be granted. The nomination and the visa application involve separate criteria. An employer can satisfy the nomination requirements while the visa applicant is still refused on an applicant-level requirement.

If your 186 visa has been refused, the decision letter should be reviewed immediately for the exact refusal ground, any Administrative Review Tribunal (ART) rights and the deadline.

For assistance, see our Subclass 186 service, ART Appeals service and Visa Refusal service.

Why can the visa be refused when the nomination was approved?

Nomination approval primarily concerns the employer, position and nomination criteria. The visa applicant must separately satisfy the criteria for the relevant 186 stream.

Depending on the stream and individual case, visa-level issues can include:

• age requirements or an incorrectly assumed age exemption;
• English requirements;
• skills assessment or licensing requirements;
• work experience or TRT qualifying-employment calculations;
• health requirements;
• character requirements;
• identity or document concerns;
• information that is inconsistent with earlier visa applications; or
• failure to satisfy another stream-specific criterion at the required time.

Does nomination approval help at the ART?

It can be relevant, but it does not answer the visa criterion that caused the refusal. If the Department accepted the nomination but refused the visa because, for example, the applicant did not meet an age, English or employment criterion, the ART case must focus on that applicant-level issue.

Is a 186 visa refusal reviewable by the ART?

Some employer-sponsored visa refusals are reviewable, but review rights depend on the statutory framework, the decision and the circumstances of the applicant and sponsor. The refusal notice should state whether a review application can be made and the deadline.

Do not assume the employer’s nomination review rights and the visa applicant’s review rights are identical.

Should you appeal or lodge a new 186 application?

That choice depends on why the first application failed.

ART review may be more appropriate where:

• the applicant says the delegate misapplied the law or misunderstood evidence;
• the missing issue can be addressed within the Tribunal’s review powers;
• the nomination and employment position remain viable; and
• there is a valid review right and deadline can be met.

A fresh application may deserve consideration where:

• the original application was premature;
• a qualifying period has now been completed;
• a new skills assessment, English result or licence is now available;
• the employer or nominated position has materially changed; or
• the nomination history means a new nomination/application strategy is required.

These are not universal rules. Sometimes both options need to be assessed before a deadline expires.

Can the approved nomination simply be reused?

Do not assume that an old approved nomination can always be attached to a new visa application. Nomination validity, timing and the relationship between the nomination and the visa application must be checked. In some situations a new nomination may be required.

What if the refusal concerns the two-year TRT work requirement?

The current TRT rules generally require two years of eligible sponsored employment in the three years before application. Unpaid leave is excluded, while qualifying employment can in some circumstances span more than one eligible 457 or 482 period. A refusal on this issue should be recalculated from the actual visa, nomination, payroll and leave records.

What documents should be reviewed immediately?

• the 186 refusal decision;
• the nomination approval;
• all 457/482 grant notices;
• nomination lodgement and approval dates;
• employment contracts and payslips;
• leave records;
• skills assessments and licences;
• English evidence;
• health and character correspondence; and
• documents previously uploaded to Home Affairs.

Official guidance

Home Affairs sets out the current requirements for the Employer Nomination Scheme (Subclass 186). ART review rights and procedures are explained by the Administrative Review Tribunal.

Need advice after a 186 visa refusal?

Emigrate Lawyers can review the visa refusal and nomination together, identify the actual legal issue and compare ART review with any fresh application strategy. Contact our employer-sponsored visa team promptly because review deadlines are strict.

This article is general information only and is not legal advice. Review rights and nomination validity depend on the individual decision and application history.

About the author

Madhab Kharel

Principal Lawyer & Director, Emigrate Lawyers

Madhab Kharel is the Principal Lawyer and Director of Emigrate Lawyers, an Australian law firm assisting clients across Australia and internationally. His migration law practice includes Partner Visas, Protection Visas, visa refusals and cancellations, Administrative Review Tribunal matters, health and character issues, Schedule 3, Section 48, sponsorship limitations and employer-sponsored migration. He regularly advises clients with complex immigration histories and matters requiring detailed legal submissions and evidence strategy.

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