Subclass 602 refusal: AAT review, PIC 4020 ban and reapplying in 2026
What a refused Medical Treatment visa (Subclass 602) means for AAT review, the PIC 4020 three-year bar and reapplying onshore.
The Department of Home Affairs does not refund the visa application charge when a Medical Treatment visa (Subclass 602) is refused, and the written refusal notice is what tells you why the application failed and whether you have a right to have that decision reviewed. Everything below comes from the Department's official Medical Treatment visa (Subclass 602) page — as at August 2026 — together with the visa criteria in Schedule 2 to the Migration Regulations 1994 and the Department's PAM3 guidance on how those criteria are applied; nothing here is a substitute for advice on your own circumstances, and you should check the official text and a registered migration agent, legal practitioner or exempt person before acting.
What the refusal letter actually decides for you
A refusal notice does two things: it sets out the reasons the delegate was not satisfied that you met the criteria, and it states whether the decision is reviewable. That second point is not something you can assume. Review rights depend on the reasons for refusal and on where the application was lodged, so the notice itself is the starting document for everything that follows.
Read the reasons against the clause numbers they refer to. A decision turning on 602.212(2) is a different problem from one turning on Public Interest Criterion (PIC) 4020, and the remedy differs accordingly.
Do you have a right to have the refusal reviewed by the AAT?
Only if the notice says so. Where review rights exist, the application goes to the Administrative Appeals Tribunal (AAT), which looks at the case again on the material before it, rather than simply recording what the Department decided.
What this means in practice is that review is most useful where the refusal rested on an assessment you can answer with better or clearer evidence — proof that treatment arrangements were finalised, for instance — rather than where the record itself is in dispute.
How long do you have to lodge the AAT application?
The deadline is set out in your refusal notification, and it is short and strictly applied. Guidance on this visa commonly refers to a period of 21 or 28 days from the notification, depending on the circumstances of the decision. Treat the date printed in your own letter as controlling, and confirm current review periods against the Tribunal's published information, as review time limits are amended from time to time.
Missing the window usually ends the review option, which leaves reapplication as the remaining pathway — if anything permits it.
What triggers the PIC 4020 three-year ban?
PIC 4020 applies to every 602 applicant, through clause 602.218, and also to certain family members through clause 602.312. It is the integrity criterion: it is engaged by false or misleading information, or by bogus documents, given in connection with the application.
This article is general information only and not personal legal advice; consequences turn on what the delegate found and on the current wording of the criterion.
The practical sequence matters:
- A PIC 4020 breach leads to refusal on the integrity ground, independent of how strong your medical evidence is.
- The exclusion that follows is commonly a three-year period during which further applications are barred — confirm the current exclusion period in Schedule 4 to the Migration Regulations 1994, because what applies depends on how and when the criterion was engaged.
- A three-year bar defeats the reapplication route described below, even though that route is otherwise open.
Note that the criterion is not limited to forged documents. An answer in the form that is incorrect or misleading can engage it, which is why the correction option below matters for applications still on foot.
Can you reapply for a 602 while you are in Australia?
Yes, as far as the section 48 bar is concerned. The Migration Regulations 1994 carve the 602 visa out of the section 48 prohibition (regulation 2.12(ca)), so a refusal onshore does not, by itself, stop you lodging another 602 application from inside Australia. Three conditions then govern whether the fresh application can succeed:
- You must be lawful while it is decided. You need a valid visa of some kind during processing, and if you applied in Australia you must be in Australia at the moment of grant.
- Any "no further stay" condition must be waived first. If your current visa carries condition 8503, 8534, 8535 or 8540, PAM3 records that a waiver must be obtained before the application can be validly made.
- If you hold no substantive visa, Form 1507 is required. Form 1507 Evidence of intended medical treatment (includes consultation) applies to onshore applicants who hold only a bridging, criminal justice or enforcement visa.
Repeated or "rolling" applications are not invisible to decision-makers: the genuine temporary stay test in clause 602.215 expressly takes your visa history and compliance record into account, so a string of applications without a materially improved evidence base tends to work against you.
What most first applications failed on
| Refusal ground | Clause cited | Evidence that usually answers it |
|---|---|---|
| Genuine temporary stay not accepted | 602.215 | Realistic treatment end date, ties to home country, record of compliance with past visa conditions |
| Treatment arrangements not "concluded" | 602.212(2)(b) | Letter from the treating doctor in Australia setting out condition, required treatment, estimated timeframe and cost |
| Payment arrangements not settled, or public-burden risk | 602.212(2)(e)–(f) | For public hospitals, a letter from the financial officer or administration department confirming payment arrangements and that no Australian is disadvantaged; for private care, evidence funding is in place |
| Public-health risk, in practice active tuberculosis | 602.212(2)(d) | Completed health examinations |
| Insufficient funds for living costs | 602.216 | Bank statements, payslips, letters from Australians supporting the stay |
| Past or current 403 visa (Domestic Worker — Diplomatic or Consular) | 602.213 | Excluded unless the application falls within the "unable to depart" stream in clause 602.212(6) |
| Treatment would disadvantage Australians accessing care | 602.214 | Particularly relevant for organ transplant and dialysis, where scarce services are involved |
Two further grounds are easy to overlook. Organ donors and support persons must meet the full health standard in PIC 4005, which is a broader test than the tuberculosis screening that typically applies to a person receiving treatment. And applications from people under 18 must satisfy PIC 4012, 4017 and 4018, including consent and guardianship documents.
Can you fix a mistake before the decision is made?
Yes, and it is faster than fighting a refusal. The official page sets out the correction path in ImmiAccount: expand the application details using the "+" icon, choose Update details, select Notification of incorrect answer(s), select Add, complete the fields, then select Confirm. Do it as soon as you notice the error, because the correction can be considered only while the application is still undecided, and the Department may decide an application without asking you for anything further.
Separately, where the delegate holds adverse information you did not provide, procedural fairness requires you be given a chance to comment on it, and further evidence may be requested under section 56 of the Migration Act 1958. Neither is a guarantee of delay: a decision can be made on the material already held if you do not respond within the stated period.
What will a fresh application cost and how long will it take?
The visa is free if you apply outside Australia; applying in Australia carries a charge, with concessions in limited circumstances and free processing where you represent a foreign government. Use the Department's Visa Pricing Estimator to work out the current amount payable on a Subclass 602 application made in Australia. Health checks, police certificates and biometrics are additional costs.
There is no published statutory processing time for this subclass. The Department's visa processing time guide tool shows times for recently decided applications, and it is expressly a guide only, not specific to your case.
Frequently Asked Questions
Will Home Affairs refund my fee if the 602 visa is refused?
No. The official page states the application charge is not refunded if the application is refused. That is one reason evidence quality at lodgement matters more than speed.
How do I know whether I can go to the AAT?
Your refusal notification tells you whether you have a right to review. If it does not grant review rights, reapplication — where available — is the remaining path, rather than an appeal.
What is the AAT deadline for a 602 refusal?
The period is stated in your notification and is strictly enforced; published guidance commonly refers to 21 or 28 days depending on the case. Check your own letter and confirm current periods against the Tribunal's published information.
What exactly does PIC 4020 cover?
It is the integrity criterion, engaged by false or misleading information or bogus documents provided with an application. It applies to all 602 applicants through clause 602.218, not only to people suspected of forgery.
If PIC 4020 is breached, is reapplication still possible?
Generally not for the exclusion period, which is commonly three years. Verify the applicable period in Schedule 4 to the Migration Regulations 1994, as the exclusion operates independently of the merits of your medical case.
Does a previous refusal stop me applying again onshore?
Not by reason of section 48. Regulation 2.12(ca) exempts the 602 visa from that bar, though you must still hold a visa while the new application is processed, be in Australia at grant, and have any "no further stay" condition waived first.
Should I correct a mistake on an application that is still pending?
Yes, promptly. Use Update details → Notification of incorrect answer(s) in ImmiAccount, because the Department may finalise the application at any time without requesting further information.