Why Subclass 117 Applications Are Refused in 2026 and What Comes Next
Where Subclass 117 refusals come from: orphan relative definition, sponsor eligibility, health and character, PIC 4020, welfare arrangements.
Subclass 117 refusals almost always trace back to one of five places: the child does not meet the legal definition of an orphan relative, the sponsor is not eligible or not approved, the health or character criteria are not met, information in the application was false or misleading, or the consent and welfare arrangements around a child under 18 are not settled. This article follows the Australian Department of Home Affairs' Orphan Relative visa (subclass 117) page, current as at August 2026, together with the criteria set out in the Migration Regulations 1994, and is general information only — it is not advice about any individual case, and the current official wording should always be checked before you rely on it.
What does the orphan relative definition actually require?
The definition is the single most common point of failure, because it is narrower than the everyday meaning of "orphan". Under regulation 1.14 of the Migration Regulations 1994, an orphan relative is a child who is under 18, has no spouse or de facto partner, whose parents are all deceased, permanently incapable of caring for them, or cannot be found, and who has not been adopted by someone other than the Australian relative.
Two details catch applicants out. First, parents who are capable of caring for the child but do not want to do so do not satisfy the test — the Home Affairs page states the visa will not be granted on that basis. Second, the age test is applied at the time of application: the child must be under 18 when applying, and turning 18 while the application is being decided does not by itself end the case.
Consider a hypothetical: an applicant whose mother is alive and traceable, but has had no contact with the child for years. On the published criteria that is not enough. The department requires official evidence — a death certificate or other official document, or a medical report showing why a parent cannot care for the child. Where parents cannot be found, the application must show how long they have been missing and what efforts were made to find or contact them.
Who can sponsor, and what disqualifies a sponsor?
The sponsor must fall inside a short, closed list — an eligible sibling or step-sibling, a grandparent or step-grandparent, or an aunt, uncle, step-aunt or step-uncle — and, under the subclass 117 criteria, must also be at least 18 and a settled Australian citizen, permanent resident or eligible New Zealand citizen, or the spouse or de facto partner of such a relative who is living with them. The sponsorship itself must be approved before the visa can be granted, and regulation 1.20KB limits the discretion available to approve it.
Child protection grounds are decisive here. If the sponsor, or their spouse or de facto partner, has a pending charge for a registrable offence, the department states it will refuse both the sponsorship and the visa application. Where there is a registrable offence conviction, sponsorship can be approved only in very limited circumstances.
Sponsorship is also a financial commitment. Departmental policy guidance in PAM3 describes the sponsor's undertaking in Form 40CH to provide accommodation and financial support for the first two years after the child's initial entry, and notes that a case can fail where the sponsor cannot show the capacity to honour that undertaking — particularly when sponsoring more than one person at once. An Assurance of Support is not automatic but can be required, and where it is, it must be accepted by the Secretary of the Department of Social Services.
Can health or character issues refuse an otherwise strong case?
Yes, and the exposure is wider than the child alone. The child and any dependent children applying with them must meet the health requirement, and dependent children who are not applying may also have to meet it. If the child is 16 or older, the character requirement applies, and other dependent children may be asked to meet it as well.
Practical consequences follow at the document stage. Children over 16 must provide police certificates from every country where they have spent 12 months or more in the last 10 years since turning 16; for Australia only AFP National Police Certificates applied for under Code 33 – Immigration/Citizenship are accepted, and police certificates are valid for 12 months from the issue date. Form 80 must also be completed by children over 16, and military service records or discharge papers are required where anyone in the application has served in the armed forces of any country.
There is also a "one fails, all fail" quality to these criteria. Under the subclass 117 criteria, family members included in the application must satisfy the relevant public interest criteria in their own right, and departmental policy guidance in PAM3 records the same principle: a family member who does not meet the criteria can bring down the whole application. Separate from this, any debt owed to the Australian Government must be repaid or covered by a formal repayment arrangement.
What happens if documents or information are false or misleading?
Public Interest Criterion 4020 is a criterion for grant, not a discretionary afterthought. The department's own step-by-step guide requires accurate information and points applicants to what happens where identity cannot be proven or true information is not provided.
Refusal on this basis is materially worse than an evidentiary refusal, because it affects what can be lodged next. PIC 4020 provides for refusal and for a bar on further applications, generally for three years, where bogus documents or false and misleading information have been given. Because that consequence turns on the precise wording of the criterion as currently in force, the current official criteria should be checked before planning a fresh application.
Identity and relationship evidence sit close to this issue. The child's relationship to the Australian relative needs documentary support such as a birth certificate, marriage certificate, adoption certificate, or an officially issued and maintained family status certificate or family book. Where identity or relationship papers are weak, a case can look like a PIC 4020 problem even where the underlying facts are genuine.
Do consent and welfare arrangements really decide cases?
For a child under 18, yes. The visa can only be granted if the child has the written consent of everyone who can legally decide where they live, or the laws of the child's home country allow them to leave, or the grant is consistent with any Australian child order about the child. Where an under-18 applicant has family members under 18 as secondary applicants, additional criteria on parental or guardian consent apply.
Welfare arrangements are assessed in their own right through the criteria that attach to under-18 applicants. Departmental policy guidance in PAM3 treats this concretely: where the evidence points to abuse, neglect or an unsafe home environment, a grant may be refused because it would not be in the child's best interests. The Home Affairs eligibility page states the same test in general terms — the visa might not be granted if it is not in the best interests of an applicant under 18.
Can an application fail before the merits are even reached?
Several requirements are about validity rather than merit, and failing them means the application is not considered at all. Subclass 117 is a paper application: Form 47CH and Form 40CH must be completed in English and sent together, with the application charge paid before posting, to the Child and Other Family Processing Centre in Perth. Lodging at any other office, or in person, does not produce a valid application.
The child must also be outside Australia both when the application is made and when the decision is made. Supporting documents then carry the rest of the load — passport pages, four recent photographs at 45mm x 35mm, certified copies of travel documents, change-of-name evidence where relevant, and the evidence on the parents' situation described above. Missing or unpersuasive documents in these areas are what turn a genuine case into a refusal.
What comes next after a refusal?
The decision letter is the starting point. Home Affairs states that a refusal notice tells you why the visa was refused and whether there is a right to a review of the decision. It also states that the application fee is not refunded if the application is refused.
Those two answers determine the path. Where the letter says a review right exists, the refusal grounds are tested afresh by the review body, and the deadline stated in the letter governs everything else. Where no review right exists, or where the underlying problem is evidentiary rather than legal, the practical option is a fresh application that closes the specific gap — stronger official evidence on the parents, a different or newly cleared sponsor, resolved health or character issues, or corrected information. If the refusal turned on false or misleading information, check whether a bar applies before lodging again.
One structural point is worth knowing in advance: only some people can lawfully give immigration assistance. Under the department's rules, that is a registered migration agent, a legal practitioner, or an exempt person, appointed using Form 956; Form 956A covers someone who merely receives correspondence.
Frequently Asked Questions
Why was my Subclass 117 application refused?
The refusal letter must state the reason and whether you have a right to review the decision. In practice, refusals concentrate on the orphan relative definition, sponsor eligibility, health or character criteria, false or misleading information, and consent or welfare arrangements for a child under 18.
If a parent is alive but unwilling to care for the child, does the visa still work?
No. The Home Affairs eligibility page states the visa will not be granted where the child's parents are capable of caring for them but do not want to. The criteria require parents to be deceased, permanently incapable of caring, or unable to be found.
Can a sponsorship be refused because of the sponsor's criminal history?
Yes. A pending charge for a registrable offence against the sponsor, or their spouse or de facto partner, means the department will refuse the sponsorship and the visa application. A conviction for a registrable offence allows approval only in very limited circumstances.
Is the application fee refunded after a refusal?
No. Home Affairs states that the application fee is not refunded if the application is refused, and the decision is provided in writing.
Does turning 18 during processing end the application?
Not by itself. The requirement is that the child is under 18 when applying, and the criteria allow the application to continue where the child later turns 18 while the decision is pending.
Can one family member's problem refuse the whole application?
Yes. Family members included in the application must meet the relevant public interest criteria in their own right, and departmental guidance records the same "one fails, all fail" outcome where a family member does not.