Refused PR on health grounds and unfit to fly? Australia Subclass 602 option in 2026
If your permanent visa was refused on health grounds and you cannot fly, Subclass 602 may keep you lawful — what clause 602.212(6) requires.
If your Australian permanent visa was refused on health grounds and a doctor says you cannot travel, the Medical Treatment visa (Subclass 602) can be the visa that keeps you lawfully in Australia — but it is a temporary visa, not a second attempt at the permanent decision. The Department of Home Affairs lists, as one of the qualifying situations on its Medical Treatment visa (Subclass 602) page as at the August 2026 version of that page: "be in Australia, aged 50 years or older, been refused an Australian permanent visa on health grounds only and are unfit to depart Australia." The matching rule is clause 602.212(6) of the Migration Regulations 1994.
Two things follow from that immediately. The visa does not re-open the health refusal or reverse it, and it does not carry a pathway to permanent residence. What it does is give a person who cannot be removed because of their condition a lawful basis to remain while their situation is what it is.
Who actually fits the "unfit to depart" situation?
The elements are cumulative — all of them have to be satisfied at the time of decision, not just at the time of application. Drawn from the departmental page and clause 602.212(6), they are:
- you are in Australia when you apply;
- you are aged 50 or older;
- you applied for an Australian permanent visa and, apart from the health criterion, you met the other criteria for it;
- that permanent visa was refused;
- you are unfit to depart Australia because of a permanent or deteriorating disease or health condition, and that is supported by written evidence from a Medical Officer of the Commonwealth (MOC).
The "health grounds only" wording matters. If the permanent application failed for some other reason as well — character, identity, a bogus document finding — the situation described on the departmental page is not the one you are in, and the general 602 categories (treatment, organ donation, support person) are assessed against different and, in places, stricter rules.
Age works in both directions here. The subclass itself has no age floor — "You can be of any age to apply for this visa" — but the unfit-to-depart situation imposes its own 50-year threshold.
What has to prove that you are unfit to depart?
The health question in this category is not answered by a ordinary medical certificate or a treating doctor's letter alone. Clause 602.212(6) requires MOC evidence, and departmental guidance for the subclass refers to the MOC opinion being sought on Form 1148 and assessed through the department's medical assessment arrangements.
In substance, the opinion has to connect two things: that the disease or condition is permanent or deteriorating, and that it is the reason you cannot travel. Guidance summaries of this subclass consistently list a thin or non-specific MOC opinion — one that describes a diagnosis without addressing travel capacity — as a main reason these applications fail. Submitting the clinical picture behind the opinion, rather than the opinion in isolation, is what makes the difference between a file that can be decided and one that stalls.
Which ordinary 602 rules stop applying for this group?
This is where the category differs most from the treatment and donation streams, and it is worth reading as a list of exemptions rather than a list of extra hurdles.
| Requirement | Unfit-to-depart group | Where the carve-out comes from |
|---|---|---|
| Genuine intention to stay temporarily (you must intend to leave) | Not applied | 602.215; the departmental page states this intention requirement "does not apply" to a person in Australia who is 50 or older, was refused a permanent visa for not meeting the health requirement, and is unfit to depart |
| Adequate means of support | Not applied | 602.216 |
| Grant must not disadvantage Australians or permanent residents accessing treatment | Not applied | 602.214 |
| Character-related criteria PIC 4001–4004, 4013, 4014 | Not applied | 602.217(2) |
| 12-month stay limits and the bar on studying or training as the purpose of the stay | Not applied | 602.219B |
| Bar on applicants who hold or last held a Subclass 403 visa in the Domestic Worker (Diplomatic or Consular) stream | Does not apply — this group is the stated exception | 602.213 and the departmental page |
| Pre-arranged payment of medical costs, evidenced by a hospital letter confirming it has approved the treatment and the payment arrangements | Not applied to this group | Guidance for the subclass excludes the unfit-to-depart category from the clause 602.212(2) payment arrangements |
What remains: the subclass must still be applied for and granted, the integrity criteria PIC 4020 and 4021 still apply, the special return criteria (5001, 5002 and 5010) still apply, and a person under 18 still has to satisfy PIC 4012, 4017 and 4018. The departmental page also states generally that applicants must not have a medical condition that could be a threat to public health or endanger the Australian community, and that, in most cases, any debt to the Australian Government must be repaid or formally arranged.
Because the funds requirement is switched off for this category, the "be able to support yourself" section on the departmental page — which warns that you might not be eligible without adequate means — should be read together with the clause 602.216 carve-out. Where the general page and the Regulations diverge for this group, the Regulations govern, and the current official guidance is the check.
Does a 602 grant change the permanent visa refusal?
No. It is a separate, temporary visa with its own criteria, and granting it says nothing about whether the health refusal was correct. It also cannot be extended: "You can't extend this visa to stay longer in Australia. If you need more time for your medical treatment or for another reason, you will need to apply for another visa." The length of stay is decided case by case and the departmental page says the things considered include your treatment plan. Suppose an applicant is granted 602 for a period matched to a treatment plan and the treating team then extends that plan — the response is a fresh application, not an extension request.
Two procedural points matter for someone whose permanent application has just been refused. First, the Regulations provide that the section 48 bar does not apply to Subclass 602 (regulation 2.12(ca)), so a person in Australia who has had a visa refused is not barred from lodging a 602 application on that ground alone. Second, if the current or most recent visa carries a "no further stay" condition (8503, 8534, 8535 or 8540), guidance for the subclass requires a waiver of that condition before a valid onshore application can be made, and an applicant without a substantive visa is expected to provide the completed and signed medical-intentions form.
This article is general information about how the rules are structured, not an assessment of any individual case; the official pages and the legislation should be checked in their current form, and anyone applying this to their own circumstances should get advice from a registered professional.
What can you do on the visa — work, study, travel?
Work is not part of this category. Guidance for the subclass identifies the financial-hardship category as the one that can attract work rights; an unfit-to-depart grant is expected to carry the no-work condition, and the departmental page says "You can't work except under limited circumstances." Study is permitted for up to three months, or longer where the exemption criteria are met.
Travel is possible but fragile. The visa may be granted with single or multiple entry. On a multiple-entry grant you can leave and re-enter as often as you like; on a single-entry grant made while you are in Australia, you can leave and return once, and if you leave again you can’t return. In every case you must arrive back on or before the expiry date. For someone who is unfit to fly, this is mostly theoretical — but it means a grant is not a permanent cushion if travel later becomes possible.
The departmental page also states that you are personally liable for all your healthcare costs in Australia and recommends health insurance. There is no assumption that a 602 grant carries public health cover.
What does it cost, and how long does a decision take?
The departmental page states the visa is free if you apply outside Australia, and that a charge applies to applications made in Australia with concessions in limited circumstances; it is free where you represent a foreign government. The page does not publish a figure for the onshore charge, so use the department's Visa Pricing Estimator for the current amount. Health checks, police certificates and biometrics may add separate costs.
On timing, the department publishes a processing time guide tool showing times for recently decided applications, and describes it as a guide only, not specific to any application. The Regulations set no statutory processing time for the subclass. Applications take longer where forms are incomplete, documents are missing, further information is needed, or verification is slow — and in this category an MOC assessment is in the critical path.
Can family members be included?
Yes, in a way that is specific to this category. Clause 602.311 allows a family member to apply as a secondary applicant where the primary applicant satisfies clause 602.212(6) — a route that does not exist for most other 602 categories, where a support person must instead qualify under the support-person limb and the department grants the patient's or donor's visa first. Secondary applicants must still satisfy the integrity criteria PIC 4020 and 4021, the special return criterion 5010, and, if under 18, PIC 4012, 4017 and 4018. A secondary applicant who already holds a 602, 675 or 685 visa is additionally assessed against the financial-hardship style criteria in clause 602.314.
Frequently Asked Questions
Is Subclass 602 a pathway to permanent residence?
No. It is a temporary visa, and the departmental page states you cannot extend it — if you need more time you must apply for another visa. A grant does not revisit or reverse the health refusal that ended the permanent application.
Do I have to be 50 or older?
For this category, yes. The subclass as a whole has no minimum age, but the unfit-to-depart situation requires you to be aged 50 or older in addition to being in Australia, having been refused a permanent visa on health grounds only, and being unfit to depart.
What if my permanent visa was refused for another reason too?
Then this situation does not describe you. The wording is "on health grounds only", and clause 602.212(6) requires that the applicant met the other criteria for the permanent visa apart from the health criterion. Other 602 categories exist for treatment, organ donation and support persons, but they carry different requirements, including the genuine-temporary-stay and funds criteria.
Do I need to show I can pay for my treatment or support myself?
Not for this category. Clause 602.216 (adequate means of support) and the clause 602.212(2) requirement to pre-arrange payment of medical costs with written hospital confirmation are both disapplied or excluded for the unfit-to-depart group. You remain personally liable for healthcare costs, and the department recommends health insurance.
Can I work while on this visa?
Not under this category. Guidance for the subclass limits work rights to the financial-hardship category, and the departmental page says you cannot work except in limited circumstances. Study of up to three months is allowed, or longer if you meet the exemption criteria.
I have no substantive visa, or my last visa had a "no further stay" condition — can I still apply?
A "no further stay" condition (8503, 8534, 8535 or 8540) must be waived before a valid onshore application can be made, and an applicant without a substantive visa is expected to provide the completed medical-intentions form. The section 48 bar does not apply to Subclass 602 under regulation 2.12(ca), so a prior refusal in Australia does not by itself block a 602 application.
If this application is refused, is there a review?
Refusal notices set out whatever review rights apply and the deadline for using them; guidance on this subclass refers to merits review within a short window, variously cited as 21 or 28 days, so the notice itself is the authority on timing. Because the section 48 bar does not apply to this subclass, lodging a fresh 602 application is also a live option where the evidence can be improved.