Can My Child Get Subclass 802 in 2026 After a Visa Cancellation or Refusal?

A cancelled visa or a refused application does not automatically end a child's chances of a Child visa (Subclass 802), but it does narrow them. According to the Department of Home Affairs' Child visa (Subclass 802) official page, as at August 2026, the Department will consider the child's immigration history when deciding the application, which means the child might not be eligible if they have had a visa cancelled or refused. The same page records that there are circumstances where a permanent visa application may still be made, set out in the Department's Limitations on applications in Australia (Form 1026i).

This article deals with the general rules only. How the limits apply depends on what the earlier decision actually says, and that record — together with the official materials cited below — is what settles any individual case.

What does the 802 eligibility page actually say about past refusals?

The requirement is listed as one of the eligibility criteria, in the same list as dependency, sponsorship and health. The wording on the Home Affairs page is deliberately open-ended: immigration history is considered, and a cancellation or refusal can make the child ineligible rather than automatically ineligible.

Two further sentences on that page matter. One points applicants with a cancellation or refusal to Form 1026i, Limitations on applications in Australia. The other points people applying from outside Australia to the Department's Can I go to Australia / re-entry ban guidance. In other words, where the child currently is changes which set of rules does the blocking.

How do the section 48 limitations work?

Section 48 of the Migration Act 1958 is the provision that restricts further applications made in Australia by people whose visa was refused or cancelled; Form 1026i is the Department's explanation of how it operates and which visas remain open. The 802 criteria deal with this directly. Subclause 802.211 of the Migration Regulations 1994 sets two conditions for an applicant caught by section 48:

Since the applicant last applied for a substantive visa, they have become a dependent child of an Australian citizen, a holder of a permanent visa, or an eligible New Zealand citizen.
The applicant has not had a visa refused or cancelled under section 501 of the Migration Act 1958.

The first condition is about timing as much as status. The Australian connection relied on has to have arisen after the last substantive visa application — it is not enough that the child has a qualifying parent now if that relationship existed and was already relied on beforehand. As a worked example: suppose a child's visitor visa was cancelled in 2023, and in 2025 their mother was granted permanent residence. The dependency on an Australian permanent visa holder then post-dates the previous application, so the first condition turns on different facts than it would for a child whose parent was already a citizen when the earlier application was refused.

Regulation references change over time, so check the current compilation on the Federal Register of Legislation and Form 1026i together before relying on any subclause number.

Why is a section 501 cancellation a harder problem?

Section 501 is the character-based power to refuse or cancel a visa. It is treated differently from an ordinary section 48 problem because the second limb of 802.211 refers to it directly: a person whose visa was refused or cancelled under section 501 cannot satisfy that criterion at all, whatever their family ties now look like.

Character remains relevant even without a 501 history. Home Affairs requires any applicant aged 16 or over to meet the character requirement set out on its character requirement page, and their dependent children may be asked to meet it too. Where the history involves concerns serious enough to have triggered the character power before, that context sits inside the decision regardless of whether the strict 501 limb is engaged.

Does the child have to be inside Australia?

Subclass 802 is the onshore child visa. As recorded in the Migration Regulations 1994 (subclause 802.411), the applicant must be in Australia but not in immigration clearance at the time of application, and must remain in Australia when the decision is made — worth confirming against the current compilation and the Department's page.

That is the reason location is often the decisive issue after a cancellation. A child who left, or who was taken out of Australia after the earlier decision, generally cannot use the onshore route at all; Home Affairs maintains a separate listing for the offshore child visa (Subclass 101). Re-entry is a separate question again, dealt with on the Can I go to Australia re-entry ban page, which sets out when a person affected by a cancellation or removal can return.

Situation	Can an 802 application still be considered?	What it turns on
Prior refusal or cancellation, no section 501 involvement	Possibly	Whether the dependency has arisen since the last substantive visa application
Refusal or cancellation under section 501	No, via this criterion	The 802.211 limb excludes it
Supported by a State or Territory welfare authority	Yes, on different rules	802.211 to 802.214 do not apply to these applications
Applicant outside Australia	No — this is the onshore visa	Offshore child visa and any re-entry ban period

Is there an exception that removes these limits altogether?

Yes, and it is narrow. Subclause 802.216 provides that if the application is supported by a letter of support from a State or Territory government welfare authority, the criteria in 802.211 to 802.214 do not apply — which includes the section 48 and section 501 criterion as well as the age, study and relationship restrictions that apply to applicants over 18. At the decision stage, subclause 802.226A replaces 802.221 to 802.226 with special health and public interest requirements instead.

Department policy guidance describes this pathway as intended for particular protection-type cases rather than as a general alternative, and the support letter has to meet the definition in regulation 802.111. It only exists where a government welfare authority is already involved with the child.

What still has to be satisfied if the immigration history clears?

Every criterion on the Home Affairs page applies, not just the immigration history one. The page states that all eligibility criteria must be met. In summary, they cover:

Dependency on a parent who is an Australian citizen, an eligible New Zealand citizen or an Australian permanent visa holder, including the separate rules for adopted children and stepchildren
An approved sponsorship — Home Affairs says it will refuse sponsorship and the visa application if the sponsor or their partner has a pending registrable offence charge, and can approve it in only very limited circumstances after a conviction
Age and, for applicants over 18, full-time study and financial dependence on the parent more than any other person, or disability
The health requirement, and the character requirement for applicants aged 16 and over
Any debt owed to the Australian Government by the child or a family member being repaid, or a formal repayment arrangement being in place
The Australian Values Statement for applicants aged 18 and over
Consent to migrate for applicants under 18, and the requirement that the grant be in the best interests of a child applicant

A past cancellation usually does not remove these; it adds a filter on top of them.

Frequently Asked Questions

Can my child still apply for Subclass 802 after their visa was cancelled?

Possibly. Home Affairs considers the child's immigration history and the child might not be eligible, but its page directs applicants to Form 1026i, Limitations on applications in Australia, for the cases where an application can still be made. The outcome depends on which limitation applies to the earlier decision.

What is the difference between a section 48 problem and a section 501 cancellation?

Section 48 restricts further applications made in Australia after a refusal or cancellation, and Subclass 802 has a defined exception to it. Section 501 is the character-based refusal or cancellation power, and subclause 802.211 states that a person refused or cancelled under section 501 cannot meet that criterion.

Does it matter whether the child is inside or outside Australia?

Yes. Subclass 802 is the onshore visa, and regulation 802.411 requires the applicant to be in Australia and not in immigration clearance when applying and when the decision is made. A child outside Australia falls to the offshore child visa and to any re-entry ban period set out in the Department's Can I go to Australia guidance.

My child's earlier application was refused for false information — are they barred forever?

A refusal is not automatically a permanent bar. The 802 criteria include public interest criteria that must be met at the time of decision, including those dealing with bogus documents and false or misleading information, so the circumstances of the earlier refusal stay relevant to whether those criteria are satisfied now. How they are weighed depends on the record of that decision.

Can a State or Territory welfare authority support letter get around these limits?

For that type of application, yes. Subclause 802.216 says that where a letter of support from a State or Territory government welfare authority supports the application, the criteria in 802.211 to 802.214 — which include the immigration history criterion — do not apply. Special health and public interest requirements apply instead under subclause 802.226A.

Does the sponsor's criminal record matter here?

It can be decisive on its own. Home Affairs states that it must approve sponsorship before the visa can be granted, that it will refuse sponsorship and the visa application where the sponsor or their spouse or de facto partner has a pending registrable offence charge, and that approval after a conviction happens in very limited circumstances only. This applies even where the child's own immigration history is otherwise workable.