870 visa refusal in 2026: review rights at the ART and next steps
What a subclass 870 refusal letter must tell you, when the ART can review it, and how sponsorship decisions differ.
If your Sponsored Parent (Temporary) visa (subclass 870) application is refused, the Department of Home Affairs must tell you in writing why it refused the application and whether you have a right to a review of that decision, and the application fee is not refunded. As at the August 2026 version of the Australian Department of Home Affairs official visa page for the Sponsored Parent (Temporary) visa (subclass 870), that written notice is the only document that states your review position — the visa page itself does not say who gets review rights and who does not. This article explains what the letter covers, what a review at the Administrative Review Tribunal (ART) can and cannot reach, and how the sponsorship decision sits apart from the visa refusal. It is general information only and is not advice about your individual circumstances; the official page and the current legislation should be treated as the authoritative sources.
What must the refusal letter tell you?
The official visa page sets out three things the department will do when it refuses this visa:
- give you the decision in writing
- tell you why the visa was refused
- tell you whether you have a right to a review of the decision
It also states that the application fee will not be refunded if the application is refused. The decision can be made while you are in or outside Australia, but not while you are in immigration clearance.
The "why" matters more than it first appears. A refusal is a decision that at least one requirement was not met, and which requirement it was determines whether a review is useful, whether a fresh application is realistic, or whether the real problem sits somewhere else entirely.
Do all 870 refusals come with a review right?
No — not in the sense that every applicant can go to the tribunal. The visa page deliberately words it as "whether you have a right to a review", which means the right depends on the circumstances of the decision rather than being automatic for every refusal. The letter you receive is the authoritative statement of your position.
Where a right does exist, merits review of this kind of decision is conducted by the Administrative Review Tribunal (ART). Under the Migration Act 1958, a refusal of a visa is made under section 65, and departmental guidance (PAM3) describes the refusal step as one where the applicant is notified and advised of ART review rights.
The time limit for lodging a review is not stated on the official visa page. It is set out in the review material that accompanies your decision, so treat whatever deadline appears in your paperwork as controlling.
What can the ART actually review?
A merits review looks again at the visa refusal itself: whether the requirements for the grant of the subclass 870 visa were met on the material before the decision-maker. In practice, that means the review is about the visa criteria, not about every issue surrounding your family's migration plans.
The criteria the department lists on the official page are the ones a review will orbit around:
| Requirement | How the official page describes it |
|---|---|
| Sponsor | You must have an approved Parent Sponsor; you cannot apply or be granted this visa without one |
| Relationship and age | You must be the biological, legal (including adoptive) parent, step-parent or parent-in-law of the sponsor, and at least 18 |
| Previous visa obligations | You must have met and complied with any previous visa obligations |
| Health | You must meet the health requirement |
| Character | You must meet the character requirement |
| Funds | You must have, or have access to, enough money to support yourself in Australia |
| Genuine temporary intention | You must intend to stay only temporarily and do only what the visa allows |
| Health insurance | You must have and maintain adequate arrangements for health insurance with an Australian health insurance provider |
| Government debt | Any money owed to the Australian Government, including a public health debt, must be repaid or subject to a repayment arrangement |
The Migration Regulations 1994 express several of these as numbered clauses, including cl.870.221 (sponsored by a parent sponsor), cl.870.222 (sufficient funds), cl.870.224 (adequate health insurance arrangements), cl.870.226 (genuinely intends to stay temporarily) and cl.870.227 (no outstanding public health debt). Clause numbering should be checked against the current text of the regulations on the Federal Register of Legislation.
A tribunal review is generally the right forum where the dispute is about whether the evidence met a criterion — funds, health insurance, genuine temporary intention. It is a weaker option where the missing item is a document that simply did not exist at the time of the decision, because review bodies usually assess the case against the requirements as they stood at the time of the department's decision.
Why the sponsorship decision sits outside the visa refusal
This is the distinction that catches people out. Sponsorship approval is a separate decision made about the Parent Sponsor, and it is handled by the department rather than through the visa review. Departmental guidance makes this explicit: review is directed at the visa refusal decision, while the sponsorship approval decision is dealt with separately by the department.
That separation has practical consequences. Suppose an applicant is refused because there was no approved Parent Sponsor in place at the time of the decision. Arguing about the visa criteria at the tribunal will not fix a sponsorship problem, because the sponsorship is not the decision under review. Conversely, a valid and subsisting approval can be exactly what makes a fresh application viable.
The official page also notes that sponsorship can be approved but the visa still fail: you must attach the Permission to Apply letter to your application if you have Permission to Apply in Australia, and that permission is time-limited. If you hold it, you must apply within 60 days of sponsorship approval; otherwise you must apply from outside Australia within 6 months of sponsorship approval.
What the refusal usually turns on
The department's own step-by-step page points to a few decision points that end in refusal without any further assessment:
- Identity. If you cannot prove your identity, the department states it will refuse the application, and it might not grant you another visa for 10 years.
- Incomplete applications. The page warns that incomplete applications might be delayed or refused if there is insufficient information to show you meet the requirements.
- Unpaid second instalment. You must pay a second instalment before the visa is granted; the department sends an invoice when it is due, and if you do not pay, it will refuse the application. Departmental guidance (PAM3) refers to 28 days for applicants in Australia and 70 days for those outside; the official visa page does not state a figure, so check the due date on the invoice itself.
- Health insurance evidence. Departmental guidance (PAM3) requires decision-makers to ask for health insurance evidence before deciding, which means a refusal on this ground often follows a request that went unanswered.
Separately, the official page states that once you have applied for or hold this visa, you cannot apply for a permanent or temporary parent visa, and this visa does not lead to permanent residence. A refusal does not change that structural point, but it is worth understanding before you plan a second attempt.
What are the realistic next steps?
Read the refusal letter and identify the single requirement that was not met.
Check whether the letter says you have a review right, and note the deadline it gives you.
Decide whether the missing piece is evidence you already had, or something that has only become true since the decision.
If it is evidence you already had and you have review rights, a review is the option that tests the original decision.
If the problem is a sponsorship issue, deal with that first, because it sits outside the visa review.
If the problem is a time-based rule, such as needing to have been outside Australia for a period after a previous 870 visa, work out the dates before lodging anything new.
If you choose to withdraw in future rather than wait for a decision, know that withdrawal is possible at any time before a decision but the fee is not refunded — the same outcome on fees as a refusal.
One thing to avoid if you are planning again: the official page requires accurate information and links identity failures to a possible 10-year bar on being granted another visa. Correcting an error is handled through Form 1023 (Notification of incorrect answers) before a decision is made; after a refusal, the option is a fresh application on accurate material.
Frequently Asked Questions
Does the department have to tell me why my 870 visa was refused?
Yes. The official visa page states that if the visa is refused the department will tell you in writing, advise why it was refused, and state whether you have a right to a review. The fee is not refunded on refusal.
Is a review at the ART available for every 870 refusal?
Not automatically. The official page says the department will tell you whether you have a right to a review, which means the right depends on the decision and your circumstances. Your letter is the authoritative statement.
Can the ART review my sponsor's sponsorship decision?
No. Sponsorship approval is a separate decision dealt with by the department. Merits review is directed at the visa refusal, so a sponsorship problem has to be resolved through the department rather than through the tribunal.
Will I get my application fee back if I am refused?
No. The official page states the application fee is not refunded if the application is refused, and it is also not refunded if you withdraw the application before a decision.
Can I reapply after a 870 refusal?
The official page does not bar a further application simply because one was refused, but it does say you cannot apply for a permanent or temporary parent visa while you have applied for or hold this visa. Whether a new application is worthwhile depends on the ground of refusal — some are curable with evidence, others depend on dates or on the sponsor's status.
What if the refusal was only because I did not pay the second instalment?
The visa page states the visa cannot be granted until the second instalment is paid, and the application will be refused if the invoice is not paid. Departmental guidance (PAM3) refers to 28 days in Australia and 70 days outside; confirm the due date on the invoice you were sent.