ART Appeal Success - Overturning Subclass 482 Nomination and Visa Refusal

ART Appeal Success - Overturning Subclass 482 Nomination and Visa Refusal

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The Department of Home Affairs had refused both the 482 nomination and the subclass 482 visa on the basis that the position was not genuine. The case officer did not believe the nominated occupation aligned with the business which was a registered training organisation

The employee came to us after receiving a notice to provide further information and an invitation to attend an ART hearing.

We immediately gathered supporting documents from both parties and prepared detailed preliminary submissions for the Tribunal member.

Although the occupation wasn’t one typically found within a registered training organisation, we drew strong comparisons with the ANZSCO code and demonstrated how the duties genuinely aligned with the role. We also provided substantial evidence of the presentations and work performed by the employee.

We then worked closely with both the employer and employee to prepare them for the hearing, ensuring they were confident and well-informed to answer questions from the Tribunal member.

Thorough preparation can make all the difference and in this case, it did! Another great outcome for our clients this year.

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Frequently Asked Questions

Q.1 What is the most common reason for a subclass 482 refusal?

Answer. The most common reason for refusal for the employer-sponsored stream is failure to satisfy the Genuine Position requirement.

Q.2 What is the deadline for lodging an ART appeal for a subclass 482 refusal, and can it be extended?

Answer. The deadline is typically 28 calendar days from the date you received the refusal notification from the Department of Home Affairs (DHA). This deadline is strict and cannot be extended.

Q.3 Can I submit new evidence to the ART that I didn't provide to the Department of Home Affairs originally?

Answer. Yes, you should not rely only on the documents submitted initially. You must gather and submit new, updated, and highly detailed evidence.

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Legal Disclaimer: This content is general in nature and is not a substitute for immigration advice. Please consult an Australian MARA registered agent or immigration lawyer for advice tailored to your circumstances.

This page was last updated on 11 December 2025.