Refused nomination for a Subclass 457 visa

What happens if a nomination and application for a Subclass 457 visa (Australian work Visa) are lodged at the same time and the nomination is refused?

The Procedures Advice Manual says:

101      Sponsorship/nomination refused/withdrawn

If the associated nomination application has been refused, the visa applicant would not meet 457.223(4) (a).

Form 1066 (Internet) asks applicants to indicate whether they wish to withdraw their visa application if the sponsorship or nomination is refused or withdrawn. If the visa applicant indicates that they do not wish to withdraw the application in such circumstances, officers can refuse the visa subject to any applicable s57 procedures being followed.

For policy and procedures on notification, see PAM3: Act – Code of procedure – Notification – Notification requirements – Notice of decision to refuse to grant a visa (non–character) – s66.

If the visa applicant has indicated on the application form that they do wish to withdraw their application in such circumstances, the visa application is withdrawn from the moment any one of these circumstances occurs and cannot be considered as it is taken to have been disposed of (Act, s47(2)).

In the case of a combined application, only the primary applicant’s application has been withdrawn, officers must seek written notice from the other applicants as to whether they also wish to withdraw their application/s.