Home >
Visa Refusal >
482 Visa
A refusal of the nomination underpinning a Temporary Skill Shortage (Subclass 482) visa results in the visa being refused at the same time. Nevertheless, such an outcome is far from final. A substantial share of adverse decisions are successfully overturned on merits review or cured through a rigorously re-drafted nomination. The guidance below distils proven recovery strategies, highlights recent Tribunal cases, and provides a 2025-ready compliance checklist to help you regain momentum with confidence.
A 482 nomination refusal happens when the Department of Home Affairs rejects the position your employer puts forward. Regulation 4.12 of the Migration Regulations says your 482 visa cannot be granted without an approved nomination—so a failed nomination automatically triggers a 482 visa refusal.
Quick Stat: In 2024–25, nearly 38 % of 482 refusals stemmed from nomination issues rather than the visa applicant’s credentials.
# | Common Pitfall | How We Solve This Issue |
1 | Role not “genuine” or full-time | Provide org charts, duty statements, client contracts & payroll projections. |
2 | Sponsor non-compliance (training levy, late BAS) | Clear debts, lodge TPS levy receipt, attach compliance history. |
3 | ANZSCO mismatch | Align tasks with the six-digit ANZSCO code; avoid hybrid “catch-all” roles. |
4 | Weak Labour-Market Testing | Include 28-day ad screenshots, Job Active ref IDs, summary of local applicants. |
5 | Caveat breach (e.g., retail massage, part-time) | Re-scope the position or choose an occupation without caveats. |
| # | Decision & Citation | Key Issue | Tribunal Analysis | Outcome |
|---|---|---|---|---|
| 1 | Applicant D. [2025] ARTA 433 (13 Mar 2025) | Delegate refused Subclass 482 visas – no approved nomination; spouse failed secondary criteria. | ARTA later approved the Company’s nomination. | Tribunal later approved the Company’s nomination and remitted visas. |
| 2 | Applicant L. [2025] ARTA 141 (14 Feb 2025) | Nomination for Customer Service Manager (Short-term stream) refused. | Tribunal accepted fresh evidence showing Unique Metal Works’ nomination now approved and sponsor valid. | Three linked 482 visas remitted; nomination deemed compliant. |
| 3 | Applicant H. [2024] ARTA 64 (21 Nov 2024) | Visa refused – nomination not approved. | The Company’s nomination set aside and approved on review, satisfying cl 482.22(1)(a). | Visa application remitted for full re-assessment. |
| 4 | Applicant G. [2024] ARTA 241 (19 Dec 2024) | Nomination for Health Promotion Officer found “not genuine”. | Tribunal accepted role’s specialist health-education duties; position full-time and aligns with ANZSCO 251311. | Refusal set aside; nomination remitted. |
| 5 | Applicant P. [2024] ARTA 573 (18 Nov 2024) | Massage Therapist nomination—caveat breaches (retail, part-time, non-therapeutic). | Tribunal found caveat exclusions applied. | Delegated refusal affirmed – nomination remains not approved. |
| 6 | Applicant I. [2024] ARTA 192 (12 Nov 2024) | Subclass 482 visa cancelled under s 116(1)(g) (drink-driving conviction). | Balanced seriousness of offence against remorse, hardship, employer support. | Cancellation set aside – visa reinstated. |
Note: These case studies are drawn from published AAT (& ART) decisions and have been anonymised for illustration.
These decisions illustrate that even after an initial refusal or cancellation, a well-prepared merits review or re-lodgement can reverse the outcome—provided the underlying nomination defects are rectified or compelling discretionary factors are established.
Speak with Jade Immigration Lawyers today – we’re here to help you.
📞 Call us: 0485 907 989
📧 Email: jade@jadeimmigrationlawyers.com.au
📝 Submit an online enquiry or
📅 Book a consultation now to get personalised immigration advice from our experienced team. We assist clients across Australia and internationally.
Find answers to common questions about our Australian Visa Refusal services and processes. If you need further assistance, please contact our office.
Yes—apply for a Bridging Visa C with work rights evidence (financial hardship or sponsor letter).
A. You’ll need a new employer to lodge both sponsor and nomination forms; timing is critical to avoid unlawful status.
Yes. The Tribunal conducts a de novo merits review, meaning it reassesses the case afresh. You may—and should—file updated organisational charts, payroll records, labour-market-testing proof, or any other documents that address the delegate’s concerns before the Tribunal makes its decision.
A past refusal does not create an automatic bar, but it can prompt closer scrutiny of subsequent nominations and visa applications. Demonstrating that the original issues have been fully resolved—and maintaining impeccable sponsor compliance—will be critical to avoiding flow-on complications in future PR pathways.