Character problems on a Subclass 870 visa application in 2026: PIC 4001-4003 explained
Explains the Subclass 870 character requirement, PIC 4001-4003, and what a refusal notice and review rights mean in 2026.
Failing the character requirement on a Sponsored Parent (Temporary) visa (Subclass 870) application leads to refusal, not a visa grant with extra conditions: the Australian Department of Home Affairs will refuse the application, send you a written decision explaining why and stating whether you have a right to a review, and will not refund the application fee. According to the Australian Department of Home Affairs’ Sponsored Parent (Temporary) visa (Subclass 870) official page (as at the August 2026 official page), you must meet the character requirement, and clause 870.228 of the Migration Regulations 1994 requires Subclass 870 applicants to satisfy public interest criteria that include the character criteria PIC 4001, 4002 and 4003.
What is the character requirement for a Subclass 870 visa?
The official eligibility criteria say you must meet the Department’s character requirement. The regulations turn this into a fixed list of public interest criteria (PICs) in clause 870.228. There are no separate secondary criteria for this visa: every applicant must meet the primary criteria.
The criteria depend partly on where you apply:
| Public interest criteria required by clause 870.228 | |
|---|---|
| For all Subclass 870 applications | PIC 4001, 4002, 4003, 4004, 4010, 4019, 4020, 4021 |
| If you apply from outside Australia | also PIC 4005 |
| If you apply in Australia | also PIC 4007 |
How do PIC 4001, 4002 and 4003 fit into clause 870.228?
Clause 870.228 lists the PICs that must be satisfied. PIC 4001, 4002 and 4003 are the character-related ones, and the Department’s PAM3 procedural guidance identifies them as the character criteria for this visa. The detailed legal tests for each PIC are set out in the Migration Regulations 1994 itself; for a Subclass 870 application, the key point is that a character problem that means you do not satisfy PIC 4001, 4002 or 4003 will mean you do not meet clause 870.228, and the visa cannot be granted.
The same guidance groups the other commonly discussed PICs as follows:
| Public interest criterion | Grouping in PAM3 guidance |
|---|---|
| PIC 4001, 4002, 4003 | Character criteria |
| PIC 4019 | Values statement |
| PIC 4020 | Integrity |
What evidence does the Department request for the character assessment?
The official page lists the character documents that feed this assessment. You must provide an Australian police certificate if you have spent a total of 12 months or more in Australia in the last 10 years since you turned 16. Only complete disclosure National Police Certificates issued by the Australian Federal Police are accepted; standard disclosure certificates and certificates issued by Australian state or territory police are not accepted.
You must also provide an overseas police certificate from every country, including your home country, where you spent a total of 12 months or more in the last 10 years since you turned 16, and military service records or discharge papers if you served in the armed forces of any country. You must complete and provide Form 80, Personal particulars for assessment including character assessment.
What happens if the character criteria are not met?
If the character criteria in clause 870.228 are not met, the application does not satisfy a mandatory criterion. The PAM3 decision-flow note states the delegate will refuse the visa under section 65(1)(b). The official page confirms that if the visa is refused, the application fee is not refunded.
Separate from the character criteria, the official page also deals with accurate information and identity. If information on the application was incorrect, you must correct it using Form 1023, Notification of incorrect answers. If the problem is identity rather than character, the official page warns that the visa may be refused and another visa might not be granted for 10 years.
What will the refusal notice tell you?
The Department will let you know its decision in writing. The refusal notice will tell you why the visa was refused and whether you have a right to a review of the decision. You should keep a copy of the decision. The Department will not refund the application fee if it refuses your application.
Do you have a right to review a Subclass 870 character refusal?
The official page says the refusal notice will state whether you have a right to a review. The Migration Regulations 1994 and the PAM3 guidance indicate that a Subclass 870 refusal can be reviewed on its merits, but the review is of the visa refusal decision only — a sponsorship approval decision is dealt with separately by the Department and is not part of that review.
In the PAM3 guidance, the decision-flow note refers to advising the applicant of Administrative Review Tribunal (ART) review rights, while another note in the same guidance refers to the Administrative Appeals Tribunal (AAT). The official visa page does not name the review body, so confirm the current review body and your review rights from the official latest information and from your own refusal notice. This article is general information only and is not personalised professional advice; for your own circumstances, rely on the official current information and any personalised advice from a professional who is lawfully able to give it. If you appoint someone to provide immigration assistance, only a registered migration agent, a legal practitioner or an exempt person can lawfully do so.
What if your situation changes after you apply?
You must tell the Department if things change after you apply but before a decision is made. The changes you must report include a conviction for a crime, as well as changes to your phone number, email, address or passport, and changes to your marital or de facto status. If you made a mistake on the application, attach a completed Form 1023 to correct it.
Frequently Asked Questions
Does a Subclass 870 applicant need to meet the character requirement?
Yes. The official eligibility criteria require you to meet the character requirement, and clause 870.228 of the Migration Regulations 1994 makes PIC 4001, 4002 and 4003 mandatory. There are no secondary criteria, so every applicant must meet the primary criteria.
What are PIC 4001, 4002 and 4003?
They are the character public interest criteria that must be satisfied for a Subclass 870 visa under clause 870.228. The Migration Regulations 1994 set out the detailed tests for each PIC, and the PAM3 guidance identifies PIC 4001, 4002 and 4003 as the character criteria for this visa.
What character documents are requested for a Subclass 870 application?
The official page asks for an Australian Federal Police complete disclosure National Police Certificate if you spent 12 months or more in Australia in the last 10 years since turning 16, overseas police certificates for each country where you spent 12 months or more, military service records if you served in any country’s armed forces, and Form 80.
Will I get a refund if my 870 visa is refused for character reasons?
No. The official page states that the Department will not refund the application fee if it refuses your application, including where the visa is refused because a criterion such as the character requirement is not met.
How will I know if I can seek review of a refusal?
The written refusal notice will tell you whether you have a right to a review of the decision and why the visa was refused. Where review rights exist, the review covers the visa refusal decision; it does not review the separate sponsorship approval decision.
Can a review change the sponsorship approval decision?
No. The PAM3 guidance notes that merits review only covers the visa refusal decision. Sponsorship approval is handled separately by the Department, so a review of the visa refusal does not reconsider the sponsorship.
If I am convicted of an offence after applying, what must I do?
You must tell the Department as a change in your situation while the application is being decided. If the conviction or any other answer means your application is now incorrect, you must also correct it using Form 1023.