Refused Subclass 300 in 2026? What the Decision Letter Must Tell You
What a subclass 300 refusal letter must say: the reasons, your review rights, and what to do next in 2026.
If your Prospective Marriage visa (subclass 300) is refused, the Australian Department of Home Affairs must do two things in writing: tell you why it refused the visa, and tell you whether you have a right to have that decision reviewed. That is stated on the Department's official Prospective Marriage visa (subclass 300) page, as at the July 2026 official page. Everything you do next depends on those two pieces of information, so read the letter against that standard first — not against what a forum or a friend says usually happens.
What follows is general information about how the rules work, not advice about your own case; because a refusal turns on your specific evidence and history, treat it as a map and check the details against the official page or a professional before you act on it.
What must a subclass 300 refusal letter actually tell you?
The official page is unusually direct about this. When the Department refuses a subclass 300 application, the written decision must state the reasons for the refusal and must tell you whether you have a right to a review of the decision. The page also tells you to keep a copy of the decision, and it warns that the application fee is not refunded if the application is refused.
For contrast, a grant letter tells you your visa grant number, the date the visa starts, and your visa conditions. A refusal letter carries a different job: it has to give you enough to understand what failed and whether the decision can be challenged. If the letter you received does not do both of those things, that is a real problem rather than a technicality, because the review pathway and its deadline are identified from that letter.
Which criteria is the "why" normally tied to?
Refusals are decisions about whether the criteria in Part 300 of the Migration Regulations 1994 were met. In plain terms, the reason in your letter should map onto one or more of these:
| What the Department had to be satisfied of | Clause |
|---|---|
| You intend to marry an Australian citizen, permanent resident or eligible New Zealand citizen | 300.211 |
| You and your prospective spouse are both at least 18 | 300.212A, 300.213 |
| You have met each other in person since turning 18 and personally know each other | 300.214 |
| You genuinely intend to marry, and intend the marriage to happen within the visa period | 300.215 |
| You genuinely intend to live together as spouses | 300.216 |
| You still meet those requirements at the time of decision | 300.221 |
| There is no legal impediment to the marriage under Australian law | 300.221A |
| The sponsorship has been approved and is still in force | 300.222 |
| Public interest criteria are met (health, character, bogus documents and related criteria) | 300.223 |
| Special return criteria are met, if you have previously been in Australia | 300.224 |
| Every family member included in the application also meets the relevant criteria | 300.226 |
The most commonly contested items are the ones that depend on evidence rather than documents: whether you met in person after turning 18 (phone and video contact does not count as meeting), whether the intention to marry is genuine, whether the wedding is planned inside the visa period once the visa is granted (commonly described as a 9 to 15 month visa period), and whether you genuinely intend to live together as spouses. Departmental procedures guidance also treats an un-dissolved earlier marriage as the most common legal impediment, with a divorce order or, where one cannot be obtained, a Commonwealth statutory declaration explaining why used as evidence.
Does one family member's problem refuse the whole application?
Yes, on the criteria as drafted. Clause 300.226 means that if a person included in the application does not meet the relevant public interest criteria, the primary applicant cannot be granted the visa either. So a health or character problem affecting a child or other family member on the same application can produce a single refusal that covers everyone, and the letter should say which person and which criterion caused it.
Should you have been given a chance to respond before the refusal?
Under section 56 of the Migration Act 1958, as described in the Department's procedures guidance, a delegate who has concerns about information in your application must invite you in writing to provide further information within a reasonable period before deciding. That invitation is the point at which most weak applications are either fixed or lost. There is also a separate duty under section 104 to notify the Department in writing of changes in circumstances — a new baby, a change of address or passport, or the end of the relationship — because failing to do so can itself contribute to a refusal.
If you received such an invitation and did not respond, or responded without addressing the actual concern, the refusal will usually say so. That matters for what comes next: a review is not simply a second chance to lodge what you should have lodged the first time.
Does the letter have to say whether you can seek a review?
It has to tell you if you have a right to a review. Review rights are not universal — the Department's official page says the written decision will tell you whether you have a right to a review, so the letter is the authority on your situation, not a general rule of thumb.
Where a review right does exist, the letter should identify the review body and the time limit. Deadlines in migration matters are strict and short — the usual period under the Migration Act 1958 is 21 days from the date you are notified of the refusal, but the deadline that binds you is the one stated in your decision letter. Read that paragraph before anything else in the document, because a missed deadline usually ends the pathway regardless of how strong the underlying case is.
What if your situation changed before the decision was made?
Two changes matter more than any other. If you married while the application was still pending, you are no longer eligible for this visa: the official page says you must update your details in ImmiAccount, attach evidence that the marriage is valid, request consideration for a Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100), and state that you want to withdraw the subclass 300 application. If you do not withdraw it, it will be refused because you no longer meet the eligibility requirements.
If the relationship ended instead, the same continuing-eligibility problem applies through clause 300.221, and the official page directs you to complete the Notification of Relationship Cessation form in the 'Update Details' tab. In both cases, a refusal that arrives without any acknowledgment of a change you notified is worth reading closely against the date of your notification.
What should you do in the days after reading the letter?
- Save the decision record and the full reasons; the official page tells you to keep a copy of the decision, and you will need it for any review or future application.
- Match the stated reason to a clause in the table above, so you know whether the problem was missing evidence, a genuine-intent finding, a sponsorship issue, or a health or character criterion.
- Find the review paragraph and note the review body and the deadline in writing, with the date you received the decision.
- Note that the application fee is not refunded on refusal, so re-lodging means paying again; a review and a fresh application are different decisions with different costs and consequences.
- Work out whether the gap is fixable. Evidence that you met in person, a letter from an authorised marriage celebrant confirming the date range and venue, a divorce order, or fresh police certificates are examples of things that can change the outcome; a finding that the intention to marry was not genuine is much harder to overcome with the same relationship history.
- Check whether you want help. The official page notes that immigration assistance can only be given by a registered migration agent, a legal practitioner, or an exempt person, and that correspondence they send is treated as if it came from you.
Frequently Asked Questions
Does the Department have to tell me why my subclass 300 was refused?
Yes. The Department's official subclass 300 page states that if the visa is refused, the written decision will tell you why it was refused and whether you have a right to a review. If the letter gives only a general statement with no identifiable reason, that is a gap you should raise with a professional promptly.
Will I get my visa application charge back if the visa is refused?
No. The official page states that the application fee will not be refunded if the application is refused. Any future application would require the charge to be paid again.
Do all subclass 300 refusals come with a review right?
No, review rights are not automatic for every refusal. The decision letter is what tells you whether you have one, and it should name the review body and the applicable time limit.
How long do I have to apply for a review?
Use the deadline stated in your decision letter — commonly 21 days from the date you are notified of the refusal — because these limits are strict and a late application is usually fatal to the review. Read that paragraph of the letter first.
Can a family member's health or character problem refuse my application?
Yes. Clause 300.226 means that if a person included in the application does not meet the relevant public interest criteria, the main applicant cannot be granted the visa either. The refusal letter should identify which person and which criterion caused the failure.
What happens if I got married while my application was still being processed?
You are no longer eligible for a subclass 300 visa. The official page directs you to update your details, provide evidence the marriage is valid, request consideration for the subclass 309 and subclass 100 partner visas, and withdraw the subclass 300 application; if you do not withdraw it, it will be refused.
Should I re-apply or seek a review?
It depends on what the letter says failed. Where the refusal turned on evidence you can now supply, a fresh application may be quicker, but it costs a new application charge and must meet the criteria at the time of the new application. Where the refusal turned on an assessment of your relationship or intentions, a review lets the same decision be re-examined but rarely succeeds without new, targeted material.
Why does the letter mention the visa period?
Clause 300.215 requires not only a genuine intention to marry but an intention that the marriage take place within the visa period, commonly described as 9 to 15 months from grant. A wedding planned outside that window, or with no date range at all, can fail this criterion on its own.