Refused a subclass 173 contributory parent visa in 2026? Review rights, time limits and what the tribunal looks at
What a subclass 173 refusal triggers: review rights, the 21-day and 70-day deadlines, and the criteria a merits review re-examines.
A refusal of your Contributory Parent (Temporary) visa (Subclass 173) starts three things at once: the Department of Home Affairs must tell you in writing why it refused the application and whether the decision carries a right to merits review; the review clock starts from when you receive that notification; and the application fee is not refunded. Under the Migration Regulations 1994, the review windows are 21 days if you are in Australia when notified and 70 days if you are outside Australia; the Department of Home Affairs Subclass 173 page sets out what a refusal notice must tell you. This article is general information to help you weigh your next step, not advice on your individual case, and you should check the current official pages and, if you can, get help from someone lawfully allowed to give immigration assistance.
What does the refusal letter actually have to tell me?
The official Subclass 173 page sets out only a short list of what the decision notice covers: the reasons for the refusal, and whether you have a right to a review of the decision. It also confirms that the application fee will not be refunded if the application is refused, and advises keeping a copy of the decision.
That second point matters more than it sounds. The letter is the document that tells you whether a review exists for your decision and, in practice, what the decision-maker says was missing. Read it line by line before you spend money or time on anything else, because every hour you spend preparing material should target the ground named in that letter — not the ground you assume was the problem.
How long do I have to apply for review?
The Migration Regulations 1994 provide 21 days from receiving the refusal notification if you are in Australia, and 70 days if you are outside Australia. Confirm those periods, along with the correct review body, the application form and any fee, against the current official pages before you rely on them. Merits review is heard by the tribunal that currently handles migration review, so confirm the correct review body and its lodgement requirements before relying on any particular name for it.
Count from the day you received the notification, not the date printed on the letter, and put the deadline somewhere you will see it every day. Missing it is the one failure that no amount of strong evidence can repair.
Does every refusal come with review rights?
No — and the only reliable answer for your case is in your letter. The official page frames review as something the Department tells you about when it tells you why it refused, rather than something that automatically attaches to every refusal.
This is also the point where expectations need calibrating. A merits review re-examines whether the correct decision was made on the criteria that apply to Subclass 173. It is not a second chance to run the same application again with the same gaps, and it does not convert an ineligible applicant into an eligible one.
What will the tribunal look at?
The review goes back to the same criteria set out in the Migration Regulations 1994 and the Department's official eligibility page. Expect the following to be examined:
- The parent relationship. The applicant must be a parent of a child who is a settled Australian citizen, a settled Australian permanent resident, or a settled eligible New Zealand citizen (clause 173.211), and that relationship must continue to be satisfied at the time of the decision (clause 173.221).
- The sponsor. The sponsor must be settled and usually resident in Australia and aged 18 or over. Usually the child sponsors; if the child is under 18, an eligible relative or community organisation can. The sponsorship itself must be approved — Form 40 Sponsorship for migration to Australia is the departmental form.
- The balance of family test. You meet it if at least half of your children and step-children are eligible children, or if there are more eligible children living in Australia than in any other single country.
- Identity. If you cannot prove your identity, the official page warns the Department will refuse the application, and may refuse visas to you and listed family members for 10 years.
- Health and character. These apply to you and any family members applying with you, and the Department may also require non-migrating family members to meet them. Health sits under public interest criterion 4005 of the Migration Regulations 1994.
- Debt to the Australian Government. Any debt owed by you or a family member must have been repaid, or there must be an approved arrangement to repay it.
- The Australian Values Statement, for anyone aged 18 or over.
- Best interests of the child — the visa will not be granted if doing so would not be in the best interests of an applicant under 18.
- No competing parent visa application. You must withdraw any other undecided Parent visa application when you apply for Subclass 173 (Part B of Form 47PA does this), and you cannot apply at all if you have applied for or hold a Subclass 870 visa.
- Location at decision. The regulations require the applicant to be outside Australia when the visa is granted (clause 173.411), subject to the contributory parent newborn child and transitional arrangement exceptions, and the official page requires you to be outside Australia when the decision is made.
Which refusal grounds can new evidence realistically answer?
Here is the practical split, mapped to the grounds above:
| If the refusal turned on… | Evidence that may address it | Caveat |
|---|---|---|
| Identity not proven | Current passport pages (photo, personal details, issue and expiry dates), national identity card, change-of-name documents | A 10-year bar can accompany an identity refusal, for you and family members listed on the application |
| Sponsorship not approved or no longer valid | Form 40 plus proof the sponsor is settled, usually resident in Australia and 18 or over | Sponsorship must also cover secondary applicants |
| Balance of family test not made out | Evidence of how you are related to each child, each child's citizenship or country of permanent residence, and evidence a child should be excluded (for example a death certificate) | The test counts children and step-children, not just the sponsoring child |
| Health | Results of the health examinations the Department asked for; a health waiver may be relevant where the applicant meets its conditions | Whether a waiver is available turns on the individual case |
| Character | Police certificates — but only arrange one when asked | The Department decides when it needs them |
| Unpaid government debt | Proof of repayment, or evidence of an approved repayment arrangement | Covers debts owed by any family member, not only the main applicant |
| Second instalment unpaid | — | The official page is blunt: if you do not pay the invoice, the Department will refuse the application |
What should I pull together before lodging?
Assume the reviewer will read your file cold and decide the matter on what is in front of them, so build the package around the refusal ground rather than resending everything.
- Identity set: passport pages for you and everyone applying with you, national identity card if you have one, and change-of-name documents where relevant.
- Sponsorship set: the completed Form 40 and evidence the sponsor meets the settled, usually resident and age requirements.
- Family composition set: relationship evidence for each child and step-child, their citizenship or permanent residence evidence, and exclusion evidence where a child should not be counted. Every family member aged 18 or over — including those not migrating — needs Form 47A Details of child or other dependent family member aged 18 years or over.
- Dependants over 18: proof of dependency. A dependent child must be under 18, or over 18 but not yet turned 23 and dependent on you or your partner, or over 23, unable to earn a living to support themselves due to physical or cognitive limitations and dependent on you or your partner. If a child is likely to turn 23 during processing, be ready with disability-related dependency evidence.
- Character and health: anything the Department specifically requested, plus updates triggered by changes since lodgement.
- A short written explanation mapping each refusal ground to the document that answers it. A bundle that has to be decoded is weaker than one that is indexed.
To take one clearly hypothetical example: suppose an applicant was refused because the balance of family evidence listed three children while departmental records showed four, leaving the applicant short of the "at least half" threshold. Four-person evidence, correctly documented with each child's residence and status, is a live question at review; a four-person explanation with no documents is not.
What if the weak point cannot be fixed?
Some grounds resist remediation, and it is better to identify them early than to fund a review that cannot succeed. An identity refusal carries the risk of a decade-long bar on visas for you and listed family members. The official page also warns that immigration history is considered, so a previous visa cancellation or refusal can affect eligibility. Health-related refusals depend on medical evidence that does not change on request. In each case the review can only test whether the decision that was made was the correct one on the applicable criteria — nothing more, and no outcome can be promised.
Where does that leave your lawful status while you wait?
Two rules from the official page shape the waiting period. There is no entitlement to a bridging visa associated with a Subclass 173 application, so if you are in Australia you need to hold a valid visa of some kind to stay lawful. And you must be outside Australia when the decision is made; while the application is being processed, you must be outside Australia unless you hold another valid visa. Lodging a review does not switch either rule off.
Frequently Asked Questions
Is the deadline really 70 days if I am outside Australia?
The Migration Regulations 1994 provide 70 days for applicants outside Australia and 21 days for those in Australia, counted from receipt of the refusal notification. Confirm the current figure and the review body's lodgement requirements against official sources before relying on it.
Will I get the application fee back if my subclass 173 is refused?
No. The Department's Contributory Parent (Temporary) visa (Subclass 173) page states plainly that it will not refund the application fee if the application is refused, and the same applies whether or not you pursue a review.
Can a review fix a refusal based on health?
It depends on the individual case. Health is a criterion in its own right and applies to non-migrating family members as well, and a health waiver may be considered where the applicant meets its conditions — but new medical evidence does not guarantee a different outcome.
My family composition changed after I lodged. Does that help or hurt?
It can do both, which is why changes need to be reported. The official page requires you to tell the Department about changes including family composition and the birth of a child, requires every adult family member to complete Form 47A even if they are not migrating, and states the visa will not be granted if that would not be in the best interests of an applicant under 18.
Can I just lodge a fresh subclass 173 application instead of seeking review?
Not while another Parent visa application is undecided. You must withdraw any undecided Parent visa application when you apply for Subclass 173, by completing Part B of Form 47PA, and you cannot apply for the visa at all if you have applied for or hold a Subclass 870 visa.
Who is allowed to help me with a review?
Under the official Subclass 173 page, only certain people may give immigration assistance: a registered migration agent, a legal practitioner, or an exempt person. Anyone can be appointed to receive documents on your behalf, but that is a narrower role than giving immigration assistance.