Refused subclass 114: your review rights and what to do next in 2026
What a subclass 114 refusal letter tells you, whether you can seek a review, and why the fee is not refunded.
If your Aged Dependent Relative visa (subclass 114) application has been refused, the refusal letter is the document that decides your next move. As at the August 2026 official page for the Aged Dependent Relative visa (subclass 114), the Department of Home Affairs states that when it refuses this visa it tells you in writing why the visa was refused and whether you have a right to a review of the decision, and that it will not refund the application fee. Reasons, review right, no refund — those three things are the whole shape of what happens next.
What does a subclass 114 refusal letter actually have to tell you?
The visa outcome section of the official subclass 114 page sets out three things the Department commits to putting in writing: the grounds of the refusal, whether a review of the decision is available to you, and the fact that the application fee is not refunded. It also notes that the Department must decide your application while you are outside Australia, and that you should keep a copy of the decision.
Read the reasons before anything else. A refusal is not a general verdict on your family; it is a finding that one or more specific criteria were not met. Which criterion failed determines whether the problem is fixable with better evidence, fixable only with time, or not fixable at all.
Do you have a right to have the decision reviewed?
The letter tells you. That is the only reliable starting point, because review rights in the family migration stream turn on the circumstances of the individual decision rather than on a single universal rule.
Where a review is available, it is a reconsideration of the decision the Department made — sometimes described as an appeal. It asks the review body to look again at whether the decision was the right one on the material before it. It is not the same thing as a second application, and it does not refund the fee you already paid. Any time limit will be stated in the review material you receive; these limits are strict and are not extended because a family is gathering documents.
Where the letter says there is no review right, the practical options narrow considerably. The usual path is to deal with the ground of refusal and lodge a fresh application, which means a new fee and meeting every criterion again. One thing to weigh: the official eligibility page states that the Department considers your immigration history when deciding an application, and that you might not be eligible if you have had a visa cancelled or an application refused. A refusal therefore becomes part of the record that a new application carries.
On help: the official page notes that only certain people can give immigration assistance — a registered migration agent, a legal practitioner, or an exempt person — while anyone can be appointed to receive documents on your behalf.
Which refusal ground are you actually dealing with?
The criteria come from the Migration Regulations 1994 and the eligibility list on the official subclass 114 page. Matching the wording of your letter to the right criterion is the first piece of real work.
| Ground commonly named | What the rules require | What it usually means for your next step |
|---|---|---|
| Sponsorship not approved | You must be sponsored by an eligible relative or that relative's partner; the sponsor must be 18 or over, settled in Australia, and an Australian citizen, permanent resident or eligible New Zealand citizen, and the Department must approve the sponsorship (clause 114.212; approved and still in force at decision under clause 114.222) | Gather Form 40 and proof of the sponsor's status and settlement, or the sponsorship problem may be structural rather than documentary |
| Age not met | You must be old enough to receive the Age Pension in Australia | A waiting problem, not an evidence problem — the date of birth drives it |
| Dependency not established | Dependence on the relative for basic needs — food, shelter and clothing — for at least three years before applying | Rebuild the money trail with bank statements, transfers and rent receipts, and make sure it covers the full period |
| Has a partner | To be eligible you must have no partner | A change in relationship status can end eligibility outright |
| Assurance of support | You must be able to obtain an assurance of support, provided when the Department asks for it | Timing issue: the request comes later in processing, and the response has to be ready |
| Health or character | You and family members applying with you must meet the health and character requirements | New assessments, and in character cases an explanation of the conduct and the record |
| Identity or information integrity | You must provide accurate information; if you cannot prove your identity, the Department will refuse the application and may not grant you or listed family members another visa for 10 years | Rarely curable by better paperwork alone |
Did you receive a request for more information before the refusal?
Often, yes. The Department's Procedure Advice Manual (PAM3) guidance describes two pre-refusal steps: a request for further information under section 56 of the Migration Act 1958, and a natural justice letter where the delegate is considering adverse information and must give you a chance to respond. PAM3 guidance refers to a usual period of 28 days to respond to a section 56 request; time limits of this kind are fixed by what the Department actually specifies in the request, so the current official material should be checked rather than assumed.
This matters for two reasons. First, the gap flagged in that request is almost always the same gap named in the refusal, so it tells you exactly where to direct your effort. Second, PAM3 guidance states that if you do not respond within the period, or the response does not address the concern, the delegate may decide on the material already held — which is how an otherwise arguable application ends in refusal.
Review or re-apply: how do the two options compare?
| Merits review (if your letter says you have one) | Fresh application | |
|---|---|---|
| What it does | Asks a review body to reconsider the refusal | Starts a new case that must meet every criterion again |
| Cost | The original application fee is not refunded either way | A new application fee is payable, plus the second instalment when invoiced |
| Timing | Set by the review body's published process; strict | Subject to the Department's processing of a new paper application |
| Best suited to | A refusal you say was wrong on the evidence already provided | A refusal caused by a gap you can now close, or by circumstances that have since changed |
| Main risk | The same evidence is looked at again and may not be enough | The existing refusal forms part of your immigration history |
One practical distinction: the official page says the second instalment is invoiced after you have met all other requirements, and that the visa cannot be granted unless it is paid. For a fresh application, both instalments sit ahead of you again.
If you re-apply, what has to be different?
The criteria do not stop at lodgement. Clauses 114.221 to 114.227 require you to continue to be an aged dependent relative, to have an approved sponsorship still in force, to satisfy the public interest criteria, and to have an accepted assurance of support at the time of decision. A file that was strong on the day it was posted can fail a year later if circumstances moved underneath it — marriage or a new partner relationship, a return to work, an improvement in income, or a sponsor who no longer meets the settlement test.
PAM3 guidance also states that a subclass 114 application does not permit the sponsor to be changed, and that if the original sponsor dies or loses capacity the application fails. If your refusal turned on the sponsor, that is worth understanding before any decision about a new application.
On the documentary side, the official page is specific. The application is made on paper using Form 47OF, with Form 40 completed by the sponsor, and you must be outside Australia when you apply. The first instalment is paid when you apply and proof of payment goes in with the application. Police certificates should not be arranged until the Department asks for them. If something you already told the Department turns out to be wrong, the page directs you to notify it using Form 1023.
This article describes the published rules in general terms and is not advice about your circumstances; whether a particular criterion or review right applies to you depends on your own decision record, so check the current official pages or speak to someone authorised to give immigration assistance.
Frequently Asked Questions
Will I get my application fee back if my subclass 114 application is refused?
No. The official subclass 114 page states plainly that the Department will not refund the application fee if it refuses your application. This applies whether or not you seek a review, and it applies separately to any fresh application you later lodge.
How do I find out whether I can have the refusal reviewed?
The refusal letter itself must tell you whether you have a right to a review of the decision. If it says you do, the review material will set out the process and the deadline, which is strict. If it says you do not, the realistic alternative is a fresh application that addresses the stated grounds.
Can I change my sponsor if the refusal was about sponsorship?
PAM3 guidance states that a subclass 114 application does not allow the sponsor to be changed, and that the application fails if the original sponsor dies or loses capacity. Where a sponsorship problem is about evidence rather than eligibility, a fresh application with a properly documented sponsor may be possible.
If I apply again, do I have to prove dependency all over again?
Yes. You must have been dependent on your relative for basic needs such as food, shelter and clothing for at least three years before applying, and you must show how long the support has been provided. Bank statements, money transfers and rent receipts are the kinds of evidence the official page names.
Does a previous refusal count against a new application?
It can. The official eligibility page says the Department considers your immigration history when making a decision, and that you might not be eligible if you have had a visa cancelled or an application refused. The refusal does not bar a new application by itself, but it is part of the record.
What if the refusal followed a request for information I did not answer in time?
Say so in your next step rather than ignoring it. PAM3 guidance states that where a response is not received or does not address the concern, the delegate may decide on the material already held. The gap identified in that request is usually the same gap named in the refusal reasons.
Can I travel to Australia while this is being sorted out?
The official page says you must be outside Australia when the Department decides your application, and that you should not arrange travel until it tells you in writing that the visa has been granted. A subclass 114 visa is granted offshore, so travel plans made before a decision carry real risk.