482 Visa Refused: Common Reasons, ART Review, Nomination Problems & Reapplication
A Subclass 482 Skills in Demand visa refusal can arise from the visa application itself, the nomination, or both. The first task is therefore to identify exactly what was refused. A refused employer nomination and a refused worker visa are legally different decisions, may have different review applicants and can require different evidence.
This article is the umbrella guide for 482 refusal strategy. For the visa itself, see our 482 Visa Lawyers Australia page. Employer-side refusal matters are also covered by our Sponsorship & Nomination Refusal Lawyers service.
1. The position or nomination fails
A 482 visa depends on a valid nomination. If Home Affairs is not satisfied about the nominated position, salary, occupation, sponsorship framework or another nomination criterion, the visa pathway can collapse even where the worker is highly qualified.
Common nomination problems include disputes about whether the position is genuine, whether the duties match the nominated occupation, whether the Australian Market Salary Rate has been established, whether the salary meets the applicable threshold, or whether the business evidence supports the claimed role.
Related: 482 Nomination Refused Because the Position Was Not Genuine and 482 Nomination Refused: What Happens to the Visa Application?.
2. Skills or work experience are not accepted
For the Core Skills stream, Home Affairs states that applicants generally need at least one year of relevant work experience in the nominated occupation or a related field, as well as the skills required for the job. Where a skills assessment is mandatory, the assessment requirements must also be met.
Problems often arise where reference letters state job titles but do not prove duties, dates, hours or remuneration; work was part-time but presented as full-time; documents conflict; or the experience is too remote from the nominated occupation.
3. English requirements are not met
The applicant must meet the applicable English requirement unless a lawful exemption applies. A refusal can follow where an applicant relies on an exemption that does not apply, uses an unacceptable or expired result, or does not meet the required scores.
4. Salary or market-rate issues
For nominations lodged from 1 July 2026 to 30 June 2027, Home Affairs lists the Core Skills Income Threshold at AUD79,423 and the Specialist Skills Income Threshold at AUD146,576. Meeting a threshold is not the same as proving the Australian Market Salary Rate. Both issues need to be considered where applicable.
5. Licensing, registration or occupation requirements are overlooked
Some occupations require registration, licensing or a mandatory skills assessment. A strong employment offer cannot cure a failure to meet a mandatory visa criterion.
6. Health, character or integrity problems
Visa refusal can also occur because of health or character criteria, false or misleading information, identity concerns or inconsistencies across current and previous applications. These issues should be addressed directly rather than treated as nomination problems.
7. Nomination approved, but the visa is still refused
An approved nomination does not guarantee the applicant will receive the visa. The worker still has to satisfy the visa criteria. We already maintain a narrower guide for this scenario: 482 Visa Refused After Nomination Approval.
Can you appeal a 482 refusal to the ART?
Some 482 refusals and nomination refusals are reviewable by the Administrative Review Tribunal, but review rights depend on the particular decision, where the applicant was located, the sponsorship or nomination context and the Migration Act review provisions. The Department decision letter should state whether the decision is reviewable and who is entitled to apply.
ART deadlines are strict. The Tribunal states it has no general power to extend the statutory time limit for a Part 5 migration review.
ART review or new 482 application?
A fresh application may be strategically preferable where the refusal problem can be corrected quickly and the applicant can lawfully lodge again. Review may be preferable where the refusal is legally or factually contestable, a fresh application is unavailable, status issues make reapplication risky, or nomination/visa sequencing requires review.
The correct answer depends on visa status, section 48 issues where relevant, the sponsor’s position, nomination validity, the refusal ground and whether new evidence can address the problem.
What should the evidence strategy look like?
Do not simply re-submit the original application bundle. A refusal strategy should map each adverse finding to evidence and legal submissions. In a genuine-position dispute, for example, that may require organisational charts, financials, contracts, workload evidence, recruitment material, role history, business plans, payroll evidence and detailed duty analysis.
How Emigrate Lawyers handles 482 refusal matters
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Tell us whether the refusal relates to the employer nomination, the 482 visa application or both; when the decision was made; your current visa status; and whether an ART application has already been lodged.
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Madhab Kharel
Madhab Kharel is Principal Lawyer and Director of Emigrate Lawyers. His employer-sponsored migration practice includes Skills in Demand Subclass 482 visas, sponsorship and nomination issues, genuine-position refusals and Administrative Review Tribunal matters.
Legal review: Reviewed by Madhab Kharel, Principal Lawyer, Emigrate Lawyers on 28 September 2026. This article provides general information only and does not constitute legal advice. Visa criteria, review rights, fees, policy and procedures can change. Always check the Department decision record and current law.
Official sources: Home Affairs — Skills in Demand visa (Subclass 482); salary requirements; ART migration review information.
