Subclass 445 refusal in 2026: review rights at the AAT and merit review options
What a Subclass 445 refusal letter tells you, when the AAT can review it, and when reapplying is the only option.
If your Subclass 445 (Dependent Child) application is refused, the Department of Home Affairs must tell you in writing why it was refused and whether you have a right to a review of that decision — so the refusal letter itself is the first and most authoritative document to read. According to the Department of Home Affairs Dependent Child visa (Subclass 445) page (as at the July 2026 official page), the Department will not refund the application fee if it refuses the application. Where the refusal turns on a public interest criterion, notes on the Migration Regulations 1994 point to merits review by the Administrative Appeals Tribunal (AAT) or, depending on the circumstances, to consideration by the Minister; where it turns on sponsorship, the answer is usually a fresh application with a new approved sponsorship.
This article explains the rules as a general guide. It is not advice about your own circumstances, and it is not a substitute for the official information published by the Department or for professional advice on your individual case.
What does a Subclass 445 refusal letter have to tell you?
The refusal letter does two things: it sets out the reasons for the refusal, and it states whether there is a right to a review of the decision. Both come from the same source — the Department's decision record — so the letter tells you which door is open before you spend time on any of them.
That distinction matters because a "review right" is not automatic for every visa decision. Some refusals can be looked at again by an independent tribunal; others can only be dealt with by lodging a new application that fixes the problem. Reading the letter's review section first prevents the common mistake of preparing a review application for a decision that has no review right at all.
What are the main reasons a Subclass 445 application is refused?
The Subclass 445 criteria are set out in Schedule 2 to the Migration Regulations 1994. In summary, they require that:
- at the time of application, the child is a dependent child of a "visa-holding parent" and is sponsored by that parent's nominator or sponsor (clause 445.211);
- at the time of decision, the parent still holds a relevant temporary visa (Subclass 309, 310, 445, 820 or 826), the child is still a dependent child of that parent, and the sponsorship is approved and still in force (clauses 445.221 to 445.224);
- the applicant — and, under the "one fails, all fail" provisions in clauses 445.227 and 445.228, family members whether or not they applied — meet the applicable public interest criteria (clauses 445.225 and 445.226).
| Refusal ground | What the criteria require | What usually follows |
|---|---|---|
| Dependency not established | Child must be a dependent child at application and at decision (cl. 445.211, 445.222) | New evidence and a fresh application |
| Parent no longer holds 309/310/445/820/826 | Parent must still be a visa-holding parent at decision (cl. 445.221) | A different visa pathway, not a 445 review |
| Sponsorship not approved or no longer in force | Sponsorship must be approved and still in force (cl. 445.224) | Obtain a valid sponsorship, then apply again |
| Public interest criteria (PIC) not met | PIC 4001, 4002, 4003, 4004, 4007, 4009, 4020, 4021; plus 4019 if 18 or over, or 4017/4018 if under 18 | Check the letter for a review right; AAT review or Ministerial consideration may be available |
| Family member fails a PIC | "One fails, all fail" applies to members whether or not they applied (cl. 445.227, 445.228) | Same PIC pathway, checked against the letter |
When can a Subclass 445 refusal go to the AAT?
Merits review means an independent body looks at the decision again on the facts and evidence, rather than only asking whether the original decision-maker followed the correct process. The AAT can consider new evidence and reach its own view about whether the criteria are met.
The practical test is the one on your letter: if the letter says you have a right to review, the AAT is the body that exercises that right for decisions of this kind. Guidance on the Regulations specifically connects refusals based on public interest criteria with AAT review or, depending on the circumstances, with asking the Minister to consider the case. Where the refusal instead rests on sponsorship that was never approved or has lapsed, review generally cannot fix it, because clause 445.224 requires an approved and subsisting sponsorship at the time of decision — that has to be obtained and put into a new application.
What does asking the Minister involve, and how is it different from AAT review?
Ministerial consideration is a discretionary pathway, separate from merits review. It is not a re-run of the decision on its merits, and there is no entitlement to a particular outcome; it is a request that the Minister consider the case personally, and it is generally reserved for cases with unusual or compelling features.
Because it is discretionary and separate, it does not replace a review right. If your letter states a review right, the two options have different time limits and different consequences, and choosing one does not usually preserve the other.
What if the refusal was about health, character or another public interest criterion?
Public interest criteria cover health, character, security, Commonwealth debts, the integrity requirements and, for applicants under 18, custody and best-interests questions. Refusals on these grounds are the category that guidance on the Regulations links to AAT review or Ministerial consideration.
Two features of the 445 criteria make these refusals wider than they first appear. First, the health requirement is assessed against the permanent visa standard. Second, the "one fails, all fail" provisions mean the criteria can apply to family members who did not apply at all, so a refusal reason may name someone other than the child.
What if the problem was sponsorship or the parent's visa?
Not every refusal leads to a review. Where the parent's temporary visa has ceased — for example because the parent's permanent partner visa was granted — the child can no longer meet clause 445.221, and guidance on the Regulations points to later options such as child visa categories rather than a 445 review.
Where the sponsorship was withdrawn, or the sponsor no longer qualifies, the pathway is a new sponsorship and a new application. The Regulations allow for a different sponsor in limited situations — for instance where the original nominator or sponsor has died, or the relationship has ended, and the visa-holding parent has requested consideration under the family violence or parental arrangements provisions for a Subclass 100 or 801 visa (clause 445.223). Those are new-application arguments, not review arguments.
What happens to the child's status while the options are being weighed?
Under the Department's page, a child who applies for this visa in Australia is granted a bridging visa; if the current visa expires before the decision, the bridging visa starts and the child can remain in Australia while the new application is processed. A bridging visa attached to the refused application is a different question from status during a review, and the refusal letter and any bridging visa correspondence should be read together.
The Department's page also notes that incorrect answers can be corrected using Form 1023, and that changes in situation — such as a change in relationship status or the birth of a child — need to be notified. These obligations continue regardless of whether a review is on foot.
How do you decide between review and a fresh application?
Start from the reason given, then match it to the criterion it comes from. If the reason is a public interest criterion, look at what the letter says about a review right and consider AAT review or Ministerial consideration as guidance on the Regulations describes. If the reason is dependency, sponsorship or the parent's visa status, the practical response is a new application that addresses that element — a review cannot supply a sponsorship that did not exist at the time of decision.
Time limits apply to review rights and are stated in the letter, so the letter's review section effectively sets the deadline for that route. A fresh paper application on Form 918 to the Child and Other Family Processing Centre in Perth is not subject to the same clock, but it does require a further application charge.
Frequently Asked Questions
Will I get a refund if my Subclass 445 application is refused?
No. The Department of Home Affairs states on its Dependent Child visa (Subclass 445) page that the application fee is not refunded if the application is refused, whether or not you later seek review or apply again.
How do I know whether I can have the refusal reviewed?
The refusal decision tells you why the visa was refused and whether there is a right to a review of the decision. That statement in the letter governs the position; if it says a review right exists, merits review by the AAT is the mechanism referred to in guidance on the Regulations for public interest criterion refusals.
Can the AAT review a refusal based on sponsorship?
Usually not usefully, because clause 445.224 requires the sponsorship to be approved and still in force at the time of decision. If the sponsorship was never approved or has lapsed, the guidance on the Regulations points to obtaining a valid sponsorship and making a new application.
What is the difference between AAT review and asking the Minister to intervene?
AAT review is merits review, where the tribunal looks at the decision again on the evidence and can reach its own conclusion. Ministerial consideration is a discretionary, personal power rather than a review of whether the decision was correct, and it is not an entitlement to a particular result.
Can one family member's health or character problem refuse the whole application?
Yes. Clauses 445.227 and 445.228 apply the "one fails, all fail" principle, so specified public interest criteria can extend to family members whether or not they were included in the application, and their failure can lead to refusal of the child's application.
If the parent's permanent partner visa is granted, can the child still get a 445?
No, not on the same basis. Clause 445.221 requires the parent to still hold a relevant temporary visa (Subclass 309, 310, 445, 820 or 826) at the time of decision, so guidance on the Regulations points to other child visa categories in that situation.