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Onshore Parent Visa Refusals on the Rise: What MIA Notice 63 Tells Us
On 5 June 2026, the Migration Institute of Australia (MIA) issued MIA Notice 63, alerting registered migration professionals to a sharp increase in refusal rates for onshore Aged Parent visas (Subclass 804) and Contributory Aged Parent visas (Subclass 864). These are temporary-to-permanent visa streams for elderly parents who are already in Australia at the time of application.
The notice reflects a pattern of increasing scrutiny by the Department of Home Affairs (DHA) at both the primary and review stages. Applicants and their families need to understand what is driving these refusals before they lodge.
Who Is Affected
These two visa subclasses apply to elderly parents who are physically present in Australia and have an eligible sponsoring child who is an Australian citizen, permanent resident, or eligible New Zealand citizen. The Subclass 804 is the standard (non-contributory) stream with very long processing times. The Subclass 864 involves a significantly higher visa application charge in exchange for faster processing.
Both streams require the applicant to remain onshore while the application is processed, often for many years. Applicants typically hold a Bridging Visa during this period.
Key Causes of Refusal
Based on the pattern flagged in MIA Notice 63 and common casework outcomes, refusals are clustering around several key issues.
1. Balance of Family Test
The Balance of Family Test requires that at least half of an applicant's children live in Australia, or that more of the applicant's children live in Australia than in any other single country. Many refusals occur because decision-makers find that this test is not satisfied at the time of visa grant, even if it was met at lodgement. Changes in family circumstances between lodgement and grant are a common trigger.
2. Health Requirement
Elderly applicants face heightened scrutiny under the health requirement. The DHA assesses whether granting the visa would result in significant healthcare costs to the Australian community. Where an applicant's health has deteriorated since initial health examinations were completed, or where updated health assessments reveal new conditions, refusal risk increases substantially.
3. Character Requirement
All visa applicants must satisfy the character requirement under section 501 of the Migration Act 1958. For elderly applicants who have lived in various jurisdictions, obtaining comprehensive police clearances from all required countries can be challenging. Missing or inadequate police clearances are a documented source of refusals in this visa stream.
4. Sponsorship Eligibility Changes
If the sponsoring child's circumstances change between lodgement and grant (for example, loss of permanent residency status, or death of the sponsor), the application may no longer meet the sponsorship criteria at the time of decision.
5. Procedural Failures
Failure to respond to requests for further information within prescribed timeframes, or failure to notify the DHA of changes in circumstances, can result in refusal on procedural grounds, even where the substantive criteria would otherwise be met.
Practical Steps to Reduce Refusal Risk
- Re-verify the Balance of Family Test at regular intervals during the processing period, not just at lodgement. Document the residential status of all children proactively.
- Monitor health status and seek legal advice before health examinations expire or if a significant health event occurs during processing.
- Obtain and renew police clearances from all required countries early. Many clearances have limited validity periods.
- Notify the DHA promptly of any material change in circumstances, including changes to the sponsor's status.
- Engage a registered migration lawyer to review the application file at key intervals during the processing period, not only at lodgement.
Key Takeaways
- MIA Notice 63 (issued 5 June 2026) alerts the profession to rising refusals for Subclass 804 and Subclass 864 onshore parent visa applicants.
- The Balance of Family Test, health requirement, and character requirement are the primary grounds for refusal.
- Processing timelines for these visas are long. Circumstances that change after lodgement can affect the outcome at grant stage.
- Ongoing legal oversight throughout the processing period is strongly recommended, not a one-time lodgement service.
The content of this article is intended for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. The information provided may not reflect the most current legal developments. For advice specific to your circumstances, please consult a registered Australian migration lawyer. For full terms governing use of this website and its content, please refer to our Website Terms and Conditions.
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