Can a Refused 864 Parent Visa Be Reviewed in 2026?
Whether a refused Subclass 864 parent visa can go to merits review, which grounds are reviewable, and where 864 disputes usually turn.
Yes — but the right is not automatic, and it does not attach to every refusal ground in the same way. Under the Australian Department of Home Affairs' official Contributory Aged Parent visa (subclass 864) page, when the Department refuses the visa it tells the applicant why it refused and whether there is a right to a review of the decision (as at the July 2026 official pages). The subclass 864 criteria themselves sit in Schedule 2 to the Migration Regulations 1994, and merits review of a refusal decision lies to the Administrative Appeals Tribunal (AAT); review bodies and their jurisdiction are reorganised from time to time, so treat the refusal record and the tribunal's current official material as the authority on which forum applies to a particular decision. This article explains how the rules fit together; only a registered migration agent, a legal practitioner or an exempt person may lawfully give immigration assistance on an individual case, and nothing here is personalised advice.
What does the Department have to tell you when it refuses the application?
The refusal notice does two jobs. It sets out the reasons, and it states whether review rights exist. That second statement is the one that matters most in practice, because reviewability is not a single rule that covers all subclass 864 refusals — it follows from the decision that was actually made.
Two related points from the same official page shape what happens next. The application fee is not refunded if the application is refused. And the decision itself is made while you must be in Australia but not in immigration clearance, which is also the position stated in criterion 864.411 of Schedule 2 to the Migration Regulations 1994.
Which 864 refusals are the ones that actually get argued?
Refusals divide loosely into two groups. One group turns on whether a legal test was applied correctly to the facts: the balance of family test, the aged parent relationship, sponsorship, the Assurance of Support, health and character, and the rule against a pending earlier parent application. These are the grounds where review is normally sought, because they can be re-examined against evidence.
The other group is closer to administrative. If the second instalment is not paid after the Department sends the invoice, the official page states the application will be refused. A refusal of that kind raises a question about whether the payment was made by the due date rather than a question about how a criterion was interpreted.
| Refusal ground | Criterion behind it | What is usually in dispute |
|---|---|---|
| Balance of family test | 864.214, regulation 1.05 | Which children count, and whether each is an eligible child |
| Aged parent relationship | 864.212 | Whether the child is a settled Australian citizen, permanent resident or eligible New Zealand citizen |
| Sponsorship | 864.213 | Whether the sponsor is eligible and whether the sponsorship was approved |
| Assurance of Support | 864.226 | Whether an assurance was accepted by the Secretary of Social Services |
| Health or character | 864.223, 864.224 and the Public Interest Criteria | Whether the requirement is met, or whether an exemption applies |
| Earlier parent application still undecided | 864.230 | Whether the other application was in fact finalised or withdrawn |
Where do the disputes usually land?
The balance of family test
You meet the test if at least half of your children and step-children are eligible children, or if there are more eligible children living in Australia than in any other single country. If you hold a Contributory Aged Parent (Temporary) (subclass 884) visa, the Department's page states you have already met it.
Disputes almost always turn on counting rather than on the wording. Evidence covers how you are related to each child, each child's Australian citizenship or country of permanent residence, and any child who should be excluded from the test — a death certificate is the example the Department gives. A step-child, a child whose residence is contested, or a child whose "settled" status is unclear is typically where a refusal and a review diverge.
Sponsorship, and what happens if the sponsor dies
An eligible sponsor must sponsor the application, and that sponsorship must be approved. Usually the sponsor is an eligible child; if that child is under 18, an eligible relative or a community organisation can sponsor instead.
The sponsor's death is a distinct scenario with its own rules. The Department's page states that a holder of a subclass 884 visa might still be eligible for the 864 if the sponsor dies, and directs applicants to the change-in-situation material. Criterion 864.213(4) of Schedule 2 to the Migration Regulations 1994 treats the sponsorship requirement as met where the applicant held a subclass 884 visa (or the alternative Subclass 600 arrangement described in 864.212) and the original sponsor has died with no other qualifying sponsor available.
Assurance of Support
An Assurance of Support is required unless you apply as a retiree under the Retirement visa pathway. Criterion 864.226 requires an assurance that has been accepted by the Secretary of Social Services. The sponsor or a family member does not have to provide it — an individual, more than one person, or an organisation can. The Department tells you when it is needed.
Health, character and PIC 4020
You and any family members applying with you must meet the health requirement and the character requirement, and the Department may also ask non-migrating family members to meet them. Schedule 2 to the Migration Regulations 1994 (criteria 864.223 and 864.224) refers to Public Interest Criteria 4001–4005, 4009, 4010, 4019, 4020 and 4021, and refusals commonly arise from significant disease or high anticipated health costs, criminal or security concerns, and false or misleading material. For PIC 4020, the relevant period is the previous ten years; the identity section of the Department's page separately states that if you cannot prove your identity, the application will be refused, and that it might not grant you, or any family members listed on the application, another visa for 10 years.
Age, and the "aged parent" definition
The official test is age: you must be old enough to receive the age pension in Australia. That qualifying age is typically 67, subject to Departmental policy. Because the pension age is set outside the migration framework, the current qualifying age should be confirmed against the services' official material rather than assumed.
A pending earlier parent visa application
Criterion 864.230 requires any earlier parent visa application to be finalised. The Department's step-by-step page puts this as an action: if you have applied for a different Parent visa and no decision has been made on it, you must withdraw that application when you apply for the 864, and you can do that as part of the new application. Where a refusal cites this ground, the dispute is usually about whether the withdrawal was effective rather than about the underlying relationship evidence.
What changes if you reapply instead of seeking review?
A fresh application has to satisfy the criteria again, and some of them depend on your circumstances at that later point. Sponsorship has to be approved again, a new Assurance of Support is needed when the Department asks for it, and any undecided different parent visa application must be withdrawn.
Two further points matter for anyone reapplying after a refusal. Since 22 April 2026, the official page requires applications to be lodged online using ImmiAccount. And where the 884 two-stage pathway is relevant, the options are narrow: you hold a subclass 884 visa when you apply, or you held one at some time in the 28 days before applying, or more than 28 days have passed since it ended and you can demonstrate compelling and compassionate circumstances for regaining that status — with evidence, and with the Minister required to be satisfied those circumstances exist. If none apply, the Department processes the matter as a standard Contributory Aged Parent (subclass 884) application rather than the two-stage pathway.
Frequently Asked Questions
Does every refused 864 application come with a right to review?
No. The Department's official page states that a refusal notice tells you why the application was refused and whether you have a right to review of that decision. Whether review is available therefore follows from the particular decision, not from the visa subclass alone.
Which refusal grounds are most often taken further?
The criteria-based grounds: the balance of family test under 864.214 and regulation 1.05, the aged parent relationship in 864.212, sponsorship under 864.213, the Assurance of Support under 864.226, health and character under 864.223 and 864.224, and the pending-application rule in 864.230. These are the criteria most often in issue when a subclass 864 application is refused.
Can health and character refusals be re-examined?
The criteria allow for exemptions in defined cases — a health exemption where PIC 4007 applies, and character exemptions under PIC 4001–4003. Whether an exemption is available, and what evidence supports it, depends on the criterion the decision-maker applied and on the material put forward.
Is the application fee refunded if the 864 is refused?
No. The Department's official page states that the application fee is not refunded if the application is refused. A fresh application also requires the second instalment to be paid before the visa can be granted.
What if the sponsor has died since the application was lodged?
The Department's page states that a subclass 884 holder might still be eligible for the 864 if the sponsor dies. Criterion 864.213(4) of Schedule 2 to the Migration Regulations 1994 treats sponsorship as met where the applicant held the relevant temporary visa and the original sponsor has died with no other qualifying sponsor available.
Can a mistake in the original application be corrected after a refusal?
Form 1023 Notification of incorrect answers is the mechanism the Department describes for correcting answers on an application. Whether correcting an answer helps depends on whether the matter is still live before the Department or has moved to a review, and on what the refusal actually decided.