Refused a Subclass 115 Visa in 2026? Natural Justice, Review Rights and Options
What a Subclass 115 refusal letter must tell you, how natural justice works before refusal, and what options remain.
If your Remaining Relative visa (Subclass 115) application has been refused, two things determine what happens next: the reason the delegate gave, and whether the decision carries a right to review. Under the Department of Home Affairs' Remaining Relative visa (Subclass 115) official page, a refusal must be given in writing and must tell you why the visa was refused and whether you have a right to a review of the decision. The same page states that the application fee is not refunded if the application is refused. This article is general information about how that process works, not advice about your own circumstances — what you can do depends on your facts and on the law as it stands when you act, so check the current official sources or get advice from someone qualified to assess your case.
What must a Subclass 115 refusal letter tell you?
The official page is blunt about this: if the Department refuses your application, it tells you in writing why it refused the visa and whether you have a right to a review of the decision. Nothing else in the process substitutes for that notice. It is the document that tells you which criterion you failed, and it is the only authoritative statement of whether your decision is reviewable.
Three related points sit alongside it:
- The fee is not refunded. The first instalment is paid when you apply, and the second instalment is only invoiced once you have met all other requirements and the visa is about to be granted. If you are refused, neither instalment comes back.
- You must be outside Australia when the decision is made. This is a condition of the visa, not a preference. Travelling to Australia on another visa and then letting it expire does not create a bridging visa pathway for this application.
- A grant notice looks different. If approved, you receive your visa grant number, the start date and any visa conditions. A refusal notice, by contrast, is built around the reason and the review question.
Were you given a fair chance to respond before the refusal?
Often yes, and that step matters more than people expect. Section 56 of the Migration Act sets the general expectation that you be given an opportunity to provide further information where the material before the decision-maker is insufficient or adverse to you. The Department's procedural guidance (PAM3) for this visa describes the practical form this takes: a natural justice letter, sometimes called a natural justice or procedural fairness letter, that sets out the specific concern and gives you a reasonable time to respond — commonly 14 to 28 days, though the letter itself sets the actual deadline.
The guidance lists the situations that most often trigger that letter:
- a near relative overseas who was not disclosed
- a problem with the sponsor's eligibility, such as not being settled
- a change in family composition, such as a marriage or a birth
- doubts about whether a relationship is genuine
- a public interest criterion problem, including health or character
If you respond, the delegate is required to genuinely consider what you send. If the response does not resolve the concern, the decision should explain why the explanation was not accepted — which is part of why the refusal letter is worth reading closely. What helps is evidence aimed at the exact issue raised: proof of where a relative actually lives and their status, proof of the sponsor's residence and settlement, or documents showing what changed and when.
Because these details come from departmental procedural guidance and the Migration Regulations 1994 rather than the public eligibility page, their current wording and operation should be confirmed against the official text in force at the time.
What are the most common grounds for refusing a Subclass 115?
The reason in your letter will fall into one of these categories. The "remaining relative" test is the one that catches most applicants, because it is assessed across both you and your partner, and it is applied at the time of decision as well as at the time of application.
| Ground | What it turns on | Source |
|---|---|---|
| A near relative outside Australia | You or your partner have a near relative — such as a parent, sibling, step-parent or step-sibling — who usually lives outside Australia, or who lives in Australia on a temporary visa (including a bridging visa) and is not an eligible New Zealand citizen, or who lives in Australia unlawfully | Official eligibility page; reg 1.15 / PAM3 |
| Sponsor not eligible | The sponsor must be 18 or over, settled, and usually resident in Australia, and the sponsorship must be approved | Official page, reg 115.212 |
| Sponsorship already used | A sponsor, or their partner, who has previously successfully sponsored a 104, 115, 806 or 835 visa cannot sponsor again | Migration Regulations 1994, reg 1.20K |
| Health or character | You and family members applying with you must meet the health and character requirements; non-migrating family members may also be asked | Official page; PIC 4005, 4001 |
| False or misleading information | Providing incorrect information or documents, including omitting a relative | PIC 4020 |
| Assurance of support not accepted | An assurance of support must be obtained and accepted by Services Australia | Official page; reg 115.225 |
| Identity not proven | If you cannot prove your identity, the application can be refused and you — and family members listed on it — may not be granted another visa for 10 years | Official page |
| Family composition changed | A marriage, birth or death during processing can change whether you still qualify | Reg 115.221; PAM3 |
One structural point explains why these refusals are hard to shake: the criteria are assessed at both the time of application and the time of decision. A person who qualified when they lodged can still be refused if their family situation changed while the case was waiting.
Do you have a right to have the refusal reviewed?
The honest answer is that your notice decides it. The official page states that the refusal letter tells you whether you have a right to a review of the decision, which means the notice is where you start — not a general assumption that every refusal can be appealed. The procedural guidance for this visa refers to merits review by the Administrative Appeals Tribunal, including in the context of how a case record should be prepared, but the notice you receive, together with the official information current at the time, is what determines whether your particular decision carries review rights and what deadline applies.
Two cautions follow from that. Review rights attach to categories of decision set by law, and a refusal on one ground may sit differently from a refusal on another. And where review is available, the window to start it is set by law and by the notice, not by how long you take to decide what to do — so the first thing to locate in your letter is the sentence about review.
What options are realistically left after a refusal?
There is no way to reopen the same application. What remains depends on why you were refused.
Fix the underlying fact, not the paperwork. Because the test is applied at both the time of application and the time of decision, a fresh application that simply resends the same documents usually produces the same outcome. The pathway that changes is one where the facts themselves have changed — for example, where a near relative who was living overseas has since become an Australian permanent resident or citizen, or where a relationship that brought overseas relatives into scope has ended.
Check whether your sponsor is still usable. Regulation 1.20K imposes a lifetime limit: if your sponsor, or their partner, has previously successfully sponsored a 104, 115, 806 or 835 visa, they cannot sponsor a remaining relative again. A fresh application may need a different eligible relative. The Regulations also allow you to change your sponsor before a decision is made, provided the replacement sponsor meets the same requirements.
Be aware of the identity bar. Where the refusal turned on not being able to prove identity, the official page warns that you, and family members listed on the application, may not be granted another visa for 10 years. That is a long shadow over any re-lodging plan.
Expect your history to count. The official eligibility page states that the Department considers your immigration history, and that you might not be eligible if you have had a visa cancelled or an application refused. A previous refusal is therefore part of the next decision, not a blank slate.
While an application is still on foot, correct answers early. Form 1023 Notification of incorrect answers is the mechanism for fixing a mistake, and changes in marital status, contact details, passport or the birth of a child all need to be notified. Doing this during processing is materially easier than arguing about it after a refusal.
Frequently Asked Questions
Will I get my application fee back if my Subclass 115 is refused?
No. The official page states that the application fee is not refunded if the application is refused. The first instalment is paid when you apply; the second instalment is only invoiced after you have met all other requirements, and the visa cannot be granted without it.
How long do I have to respond to a natural justice letter?
The Department's procedural guidance (PAM3) describes a reasonable response period, commonly 14 to 28 days, but the letter you receive sets the actual deadline. Treat the date in the letter as binding and respond within it rather than relying on the general range.
Does the refusal letter always say whether I can seek a review?
Yes. Under the official page, a written refusal must tell you why the visa was refused and whether you have a right to a review of the decision. If your notice is silent or unclear about review, that is a point to raise with someone qualified to advise you.
Can a sibling in another country cause a refusal even if we are not close?
Yes. The eligibility test asks whether you or your partner have a near relative who usually lives outside Australia, including step-relatives, and it also counts near relatives who live in Australia unlawfully, or who live in Australia on a temporary visa (including a bridging visa) and are not an eligible New Zealand citizen. Closeness of the relationship is not what the test turns on.
Can I just lodge the same application again?
Only if something has actually changed. The remaining relative criteria are assessed at both the time of application and the time of decision, so an identical application supported by identical documents is likely to be refused again. A new sponsor may also be needed if the previous one has reached the sponsorship limit under regulation 1.20K.
What if my refusal was about proving my identity?
The consequences are heavier than for most refusals. The official page states that if you cannot prove your identity, the application will be refused and neither you nor the family members listed on it may be granted another visa for 10 years.
Can I change my sponsor while the application is still being processed?
Yes, up until the decision is made. The Regulations allow you to replace your sponsor, provided the new sponsor meets the same requirements — aged 18 or over, settled, and an Australian citizen, permanent resident or eligible New Zealand citizen.