# 457 Nomination refused



## vdp (Feb 8, 2015)

My 457 nomination was refused. I was advised by an agent to re lodge the nomination again before applying for MRT. As explained to me it is just the nomination which is refuse and not the visa yet..Confused...

Advice is highly needed .

Regards to all!


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## Jeremy Hooper (Jul 10, 2014)

Hi,

This is a common situation. I can't give you definite as I don't know your case. I would have to see the refusal letter to know why the nomination has been refused.

What you do from now depends on your current situation. Assuming that you are currently on a bridging visa based on your current application what me and my colleagues would do is for your sponsor to lodge an appeal on the refusal of the nomination with the MRT. Shortly your visa application will be refused as you don't have a nomination. You then appeal your visa refusal to the MRT and link it to the nomination. 

Your agent then prepares submissions and any new evidence for the MRT and hopefully, the nomination succeeds. If it does the application will then succeed.

It is a but more complex than than that.

Regards


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## Jeremy Hooper (Jul 10, 2014)

Just adding to the above. I became aware yesterday that the agent you talked to is correct. You can either go through the process I outlined abover, or you can lodge a new nomination application, and then ask the department to attach your visa application to the new nomination.

Regards


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## Cristinamia (Dec 7, 2015)

Hello, 
Would it be possible to know how did you solve the nomination situation?
Our nomination was rejected as well, my agent suggested to appeal through AAT when asked if we can re-lodge the nomination considering the issues the case officer raised he said is not a valid option. I am currently on a bridging visa.


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## Jeremy Hooper (Jul 10, 2014)

To be able to provide advice I wiuld have to know the details of your case and the reasons why you're nomination was refused.


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## Cristinamia (Dec 7, 2015)

Hi Jeremy,

Here a summary.

- I applied though a migration agent: Nomination for Accountant General

- We had one additional info request to prove that the position was genuine - my understanding was to prove that the position wasn't created to facilitate a visa application and we replied based on the template provided by my agent.

- this got rejected based on the genuine criteria giving the explanation that the business is too small to have an accountant (who decides this?) and that we didn't demonstrate that the business is in expansion. I, personally, wasn't aware that this should be demonstrated and apparently not even my agent.

- this can be appealed because we can demonstrate the business expansion and the need of 1 FTE as accountant even though the business is very small.

Reading here, the appeal is not the only solution available, but we can re-lodge the nomination.


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## Bsdaibes (Jan 8, 2017)

vdp said:


> My 457 nomination was refused. I was advised by an agent to re lodge the nomination again before applying for MRT. As explained to me it is just the nomination which is refuse and not the visa yet..Confused...
> 
> Advice is highly needed .
> 
> Regards to all!


Hi there 
I have similar situation can you please update me 
How long it took for the second nomination decision 
Was it approved ? 
thanks


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## Bsdaibes (Jan 8, 2017)

*Nomination refused*



vdp said:


> My 457 nomination was refused. I was advised by an agent to re lodge the nomination again before applying for MRT. As explained to me it is just the nomination which is refuse and not the visa yet..Confused...
> 
> Advice is highly needed .
> 
> Regards to all!


Hi there 
I have similar situation can you please update me 
How long it took for the second nomination decision 
Was it approved ? 
thanks


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## wrussell (Dec 31, 2014)

Have you read this?
http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCAFC/2015/182.html
You can skip to paragraph 95 and still get the guts of it.


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## Mirzaa (May 23, 2016)

Hi , i applied ens my nom refused and i applied aat for both my visa nd nomination ....today my co employee got pr with same documents which i applied before....can i apply for new nom file again ....actually i am not sure that i can apply new nom file after applying aat for old refused nom....


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## chellywelly (May 10, 2017)

Hi guys, all the info above is super helpful, I haven't had my 457 refused I actually haven't applied yet but my company wants to do it themselves, not go through an agent. 

So although I've had a chat with an agent myself and I know the sticking points for case officers, I am preparing myself for the worst. I therefore am getting prepared to appeal because there's such a good chance it'll get refused - just because I don't think my company understands how rigorous the process is and they've never sponsored anyone before.

Anyway I'm just wondering about the costs.. if my company appeals the nomination what costs will they incur? Would it just be cheaper for them to re-submit the nomination for the $330 (cost at the moment)? 
Will I have to appeal mine at any point or is it just up to the company to either lodge a new application or appeal their refusal? They already didn't want to pay thousands for an agent because they have to pay thousands to onboard me from an agency.. hence them doing it themselves.


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## ampk (Sep 21, 2013)

I am not sure exactly of the appeal cost but I think it is around $1,800 and if your company is successful they get 1/2 the fee amount back.

With the pending abolishment of the 457 visa, I don't think your company is very smart in not getting assistance from an RMA. Especially if they have never been involved in the process before.

If they fail to get the 457 approved and need/wish to appeal at the AAT (MRT) they will then need a migration professional, this will require them to know all of the 457 application that was refused then fix the problem/s - that may not be fixable.

In short that means more work = more time = BIG $'s 

Oh and they might want to check on AAT waiting times, I think they are over a year for Partner Visa's no idea on other visas.


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## wrussell (Dec 31, 2014)

> I actually haven't applied yet but my company wants to do it themselves, not go through an agent.


*A recipe for disaster, as you seem to know.*



> Anyway I'm just wondering about the costs.. if my company appeals the nomination what costs will they incur?


*At current rates a $1673 AAT filing fee and for DIY applicants no other costs, if their time is worth nothing.*

The current (about) 8-month wait for an AAT hearing for 457-related reviews can be *expected to increase if the number of review applicants increases. *


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