Organisations sponsoring participants under the Training visa (subclass 407) should be alert to a significant increase in nomination refusals and the potentially rapid refusal of the associated visa applications that follow. Following enquiries from the Migration Institute of Australia (MIA), the Department of Home Affairs has provided clarification about the scale of the issue and what applicants can expect once a nomination is refused.
Why Is the Subclass 407 Training Visa Under Increased Scrutiny?
The Department’s response to the MIA confirms that most subclass 407 nominations finalised since July 2026 have been refused, with a large volume of associated visa applications now affected. These figures show that sponsors should not treat nomination approval as a routine step; a nomination must independently satisfy the applicable legislative requirements and be supported by evidence that the proposed training is genuine, structured and appropriate.
How Many Nominations Have Actually Been Refused?
| Metric | Figure |
| Subclass 407 nominations finalised since July 2026 | Approximately 8,000 |
| Of which refused | Approximately 6,500 |
| Associated visa applications with a section 57 letter already issued | Approximately 2,500 |
| Further visa applications linked to refused nominations, not yet progressed | Approximately 4,000 |
The Department has indicated that high refusal volumes are expected to continue in the coming weeks and months.
Why Are Refusal Rates Increasing?
The Department’s comments do not indicate that the nomination criteria have recently changed. Rather, they suggest a large proportion of the increased volume of applications being lodged are not adequately satisfying the existing requirements.
Depending on the nomination type and circumstances, common areas of concern include:
- Whether the proposed activities constitute genuine occupational training rather than ordinary employment
- Whether the training is sufficiently structured and tailored to the nominee
- Whether the proposed training addresses an identified development need
- Whether the nominee has appropriate qualifications or experience
- Whether the sponsor has the capacity to deliver and supervise the proposed program
- Whether the training duration is justified
- Whether supporting documents are consistent with the duties, location, supervision and intended outcome described
Generic training plans, unsupported assertions and programs resembling routine workplace induction or productive employment are attracting particular scrutiny.
What Happens if a Nomination Is Refused?
A subclass 407 visa application generally requires a valid nomination. If the linked nomination is refused, the Department’s response will generally follow one of two pathways.
1. Section 57 Natural Justice Letter
Where the nomination is no longer in effect and the Department is considering refusing the visa on that basis, the applicant may receive a notice under section 57 of the Migration Act 1958 (Cth). The standard response period is 28 days, and the deadline stated in the Department’s correspondence is what applies; missing it may mean the application is decided on the information already available. A section 57 letter is not an indication that the visa will be approved if a response is submitted; it is an opportunity to comment before a decision is made.
2. Refusal on Genuine Temporary Entrant (GTE) Grounds
Where the Department finds the applicant does not satisfy the GTE requirement, it may refuse the visa without first issuing a section 57 letter about the absence of an approved nomination. The Department’s standard process allows approximately 14 days after the nomination refusal before deciding the visa application, but this interval is not a formal response period, and it does not guarantee that a request for further information will be issued.
What Should Sponsors Do Now?
- Review early: Review prospective and pending nominations for eligibility or evidentiary weaknesses before lodging
- Don’t assume approval: Treat nomination approval as something to be evidenced, not assumed
- If a nomination is refused: Check immediately for a section 57 letter and calendar the response deadline
- Assess your options: Assess whether a revised nomination is realistically viable, or whether an alternative visa pathway should be considered
- Act early: Get advice before the response deadline expires, not after
Have a Subclass 407 Nomination Pending or Already Refused?
SALIA Lawyers & Associates can review your nomination before you lodge, respond to a section 57 letter or assess your options after a refusal.
Visit salia.com.au or email hello@salia.com.au to book a consultation with our migration team.
Frequently Asked Questions
Does receiving a section 57 letter mean my visa will be refused?
No. It’s an opportunity to respond to information the Department is considering before it makes a decision. But missing the deadline (usually 28 days) can result in the application being decided on the information already on file.
If my nomination is refused, is there still time to fix things before my visa application is decided?
Sometimes. Where GTE is the issue, the Department’s usual practice is to allow around 14 days before deciding the visa, but this isn’t a guaranteed response period, so acting immediately matters.
What makes a 407 nomination more likely to be refused?
Generic or template-style training plans, programs that closely resemble ordinary employment or routine induction and inconsistencies between the stated duties, supervision arrangements and the nominee’s actual role are common issues the Department scrutinises.
Disclaimer: Please note that the information provided is intended as a general guide and should not be relied upon as legal or migration advice. As migration laws and regulations can change, we recommend consulting an Australian Lawyer or Registered Migration Agent for advice tailored to your circumstances.
