Internal departmental figures show nomination refusals on the rise. Sharply in fact.
Nomination applications for TSS 482, ENS 186 and RSMS 187 are affected.
Reasons for refusal are broad but are generally the result of a more strict application of assessment criteria under the Migration Regulations (1994).
Appealing the decision through the Administrative Appeals Tribunal (AAT) is permitted under the Regulations.
However, this is time consuming and another cost impost for employers.
In some select cases, interim appeal can be made before application to the AAT. It must be made immediately after or close to day of decision.
Emergency interim appeal is possible. However, there are strict conditions applied before appeals are accepted. Contact us with refusal decision record and we can advise.
If your nomination refusal is eligible for interim appeal, you can appeal whilst AAT application is lodged or has been lodged, but not before date of hearing is set.
Most common reasons for nomination refusal:
• Average or above-average unemployment in the nominated occupation.
• The business has recently laid off employees in the nominated or similar roles.
• The business has recently reduced hours of operations.
• Other employees in the business have experienced a reduction in pay and conditions (note, the ATO and DIBP databases are increasingly linked to cross check business activities).
• The business is small and employs a number of 482 visa holders or other temporary visa holders, and there are no, or few, Australian employees.
• Management positions nominated at the lower end of the market salary rate according to industry standards.
• The nominated occupation is generic in nature (the department identifies Marketing Specialist, Program or Project Administrator, Specialist Manager NEC).
• The business is an overseas entity sponsoring a visa holder through an associated entity.
• The business sponsor is an overseas entity with newly established branch in Australia but nominated role is not suited to establishing the Australian business and to be responsible for operations of the business in the short to medium term.
• Inconsistent information about tasks performed in the role and those on the nominated occupation as defined by ANZSCO description.
• The list of tasks provided in the application form has been substantially copied from the ANZSCO dictionary into the application form or job description.
• The business wishes to nominate a General Manager and is an import/export business with no employers other than directors.
• The business relies on rental income from domestic properties (for example, renting rooms to overseas students).
For more on this, read VISAFAQ published article.
