If you are sponsoring, or being sponsored for, an Employer Nomination Scheme (ENS) (Subclass 186) visa, a refused nomination can feel like the end of the road. However, a nomination refusal does not necessarily mean your ENS pathway is over. Depending on your circumstances, you may be able to:
- apply for merits review of the refusal at the Administrative Review Tribunal (ART);
- withdraw the pending visa application and lodge a new nomination and visa application; or
- pursue both options at the same time.
Alternatively, if you no longer wish to continue with the ENS pathway, you may withdraw the visa application and take no further action.
Below, we break down how a nomination refusal affects the visa application, the common reasons for refusal, and how to decide which option is right for you.
What happens after a nomination is refused?
The sponsor and/or the visa applicant will receive a written decision outlining:
- the reasons for the refusal;
- whether the decision can be reviewed by the ART; and
- the time limit for applying for review (if applicable).
How does a nomination refusal affect my ENS visa application?
As a starting point, an ENS visa can only be granted if there is an approved nomination that identifies the visa applicant.
When a nomination is refused, the Department of Home Affairs (the Department) will usually send a section 57 natural justice letter before it makes a decision on the visa. The letter explains why the visa may be refused and gives the applicant a chance to respond.
If the visa application is not withdrawn, the visa will generally be refused. Because of this, some applicants choose to withdraw their visa application before a formal refusal is issued, particularly where the nomination cannot be saved. This makes timing critical.
Can I get a refund?
Generally, no refund is available for a refused ENS nomination.
That said, a refund of the visa application charge may be available in limited circumstances. This is discretionary and the conditions are narrow. Eligibility can depend on how the matter ends, so it is worth seeking advice before deciding whether to withdraw or wait for a decision. You can learn more in our separate post, Can I get a refund on my visa lodgement fees?
What are the common reasons for an ENS nomination refusal?
In our experience, most nomination refusals come down to one of five issues. The Department may have concerns about the role itself, how it has been classified, what it pays, the sponsoring business, or the evidence provided.
Is the role genuinely needed?
The Department will consider whether the business actually requires the position on an ongoing basis. It will also look at whether the tasks performed line up with the nominated ANZSCO occupation, or whether the role appears to exist mainly to secure a visa outcome.
Has the right occupation been nominated?
Is the salary adequate and justified?
Is the sponsor in good standing?
Does the evidence back it up?
Once you understand why the nomination was refused, you can work out which of the options below makes the most sense.
Option 1: Can I appeal an ENS nomination refusal at the ART?
If the decision carries review rights, the usual pathway for challenging the refusal is to apply to the ART for merits review. This is generally done for both the nomination refusal and, once refused, the visa application.
You must note, however, that the time limit for applying for review is strict. It depends on the type of decision and the applicant’s circumstances, so you should check the Department’s decision letter carefully. For many migration decisions the review period is 28 days, and the ART has no general power to extend the statutory time limit.
How long does an ART review take?
ART reviews can take considerably longer than a new visa application. According to the ART’s published figures, of all nomination and sponsor approval reviews finalised between 1 March 2026 and 31 August 2026:
- half were finalised within 1 year and 6 months of lodgement; and
- 95% were finalised within 2 years and 4 months of lodgement.
How much does an ART review cost?
From 1 July 2026, the ART application fee for most reviewable migration decisions is $3,727.
A 50% reduction may be available where paying the fee would cause financial hardship. If the review is successful (that is, the decision is set aside, varied or remitted to the Department), the ART will generally refund 50% of the application fee.
When is ART review appropriate?
Review may be appropriate where there are strong grounds to argue the refusal was incorrect, particularly where the business has compelling evidence of the genuine need for the position and the nominated role. New or additional evidence can be provided to the ART. The major disadvantage is time, as a review can take years rather than months.
Option 2: Can I lodge a new nomination and visa application instead?
Yes. An alternative is to withdraw the pending visa application and start again with a new ENS nomination and visa application. This may be the better option where there are no review rights, or where your circumstances have changed since the original lodgement.
This approach allows the sponsor and applicant to directly address the concerns raised by the Department and present a substantially stronger case. A new application can generally be processed considerably faster than an ART review, although processing times vary and no timeframe can be guaranteed. Keep in mind that a new nomination and visa application will involve new government charges (and professional fees, where relevant).
Can I do both?
In some circumstances, you may choose to pursue both pathways at the same time. That is, you may lodge an application for ART review while also preparing a new ENS nomination and visa application.
Should I apply for ART review or lodge a new ENS application?
The short answer is that it depends. A new application is not automatically the better choice, and review is not suitable for every case. Relevant factors include the reasons for refusal, whether review rights exist, your age, your current visa status, the employer’s situation, and whether you can meet the requirements at a new lodgement date.
| ART review | New nomination and visa application | |
| Best suited to | Strong grounds that the refusal was incorrect | Refusals that can be fixed with better evidence, or where no review rights exist |
| Timeframe | Half take more than 18 months | Generally faster, but varies with Department processing |
| Cost | ART fee of $3,727 (50% refunded if successful) | New government charges for both applications |
| Requirements | Assessed on the evidence before the ART | Must meet all criteria (including age) at the new lodgement date |
How can I reduce the risk of an ENS nomination refusal?
Adding more documents will not make a nomination stronger. What matters is that everything fits together and is easy to understand. Before you lodge an ENS nomination, check that:
- the occupation matches the job: look at what the employee does each day and make sure it fits the occupation you choose. Do not change how you describe the role just to fit an ANZSCO code;
- you can explain the salary: use real evidence, such as industry pay data or what the business pays other staff in similar roles. If the salary is different, explain why;
- it is clear why the role exists: explain why the business needs the role, what it does and where it sits in the business;
- the business documents are clear: financial and business records should match each other and be easy to read. Explain any gaps or recent changes up front; and
- all the documents match: the nomination, employment contract and visa application should all say the same thing. If they do not, the Department is likely to ask questions, which can cause delays.
What if the Department asks for more information first?
Before making a decision, the Department may request further information from the sponsor. This can be an opportunity to address its concerns, but it depends on how the response is handled. Importantly, a response that is unclear or not supported by evidence can make things worse rather than better.
Need advice after an ENS nomination refusal?
The steps you take after a refusal can have significant consequences, particularly given the strict time limits for review. Every situation is unique and depends on the refusal reasons, your visa status, timing and the employer’s circumstances. If your ENS nomination has been refused, or you have received a request for further information, feel free to reach out to our team or book a consultation to discuss your best next steps.
You can also subscribe to our newsletter to stay up to date with the latest immigration news.
