ART Appeal Overturns 482 Employer-Sponsored Nomination Refusal After Two-Year Review

Visa TypeEmployer Sponsored

CategoryEmployer Sponsored

Case Summary

A 482 employer-sponsored nomination refusal was overturned at the AAT/ART after a two-year review period, with the employer nomination directly approved and the visa referred back to the Department for reconsideration.

Background

The client's employer nomination for a Subclass 482 employer-sponsored visa was refused and appealed to the AAT. After a two-year review process, the AAT/ART decided in favour of the applicant.

Challenges

Two-year AAT review period requiring sustained case management and ongoing documentation maintenance
Employer nomination challenge required comprehensive position genuineness and business necessity evidence

How We Helped

We developed a comprehensive submission strategy addressing the employer nomination refusal reasons across the two-year appeal period, building and maintaining a complete position genuineness and business necessity evidence package for the AAT proceedings.

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Key Success Factors

Sustained two-year appeal management with comprehensive employer nomination evidence maintained throughout
Successful position genuineness argumentation overcoming the Department's basis for the original nomination refusal

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Outcome

The AAT/ART appeal was successful. The employer nomination was directly approved and the visa was referred back to the Department of Home Affairs for reconsideration.

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