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What Is MIA Notice 64?
MIA Notice 64 was issued on 12 June 2026 by the Migration Institute of Australia. It covers two interconnected legislative developments: updates to the annual visa caps applying to Contributory Parent, Parent and Other Family visa subclasses, and a separate update regarding onshore refusals of Aged Parent and Contributory Aged Parent visas. Both developments have direct consequences for applicants and their sponsors.
Understanding Visa Caps in the Parent Stream
The Australian Government allocates a fixed number of places each program year to each visa subclass in the Family stream. These visa caps are set by legislative instrument under the Migration Act 1958 and determine how many grants can be made within a given year. When a cap is reached, no further grants occur until the following program year.
The parent migration stream is divided into two broad categories. The Contributory Parent pathway (Subclasses 143 and 173) requires applicants to pay a significantly higher second visa application charge, which currently totals over AUD 43,600 per applicant for the permanent stage. The Parent pathway (Subclasses 103 and 804) involves no additional charge but carries substantially longer wait times, often exceeding 30 years in practice.
The Other Family category covers certain remaining relatives and aged dependent relative visa subclasses (Subclasses 114, 115, 116, 835, 836 and 837). Places in this category have historically been extremely limited.
What the Legislative Update Changes
MIA Notice 64 confirms that the legislative instruments governing visa cap allocations across these subclasses have been updated. While the Department of Home Affairs publishes specific cap numbers in the relevant legislative instruments, the notice flags that the revised allocations are now in force for the current program year. Applicants and sponsors should be aware that any change to caps can affect the queue position and expected grant timing for pending applications.
Where caps are reduced or reallocated between subclasses, applicants who have already lodged may experience longer effective wait times. Where caps are increased, the inverse is possible, though the overall parent visa queue is lengthy regardless of year-to-year adjustments.
Onshore Aged Parent and Contributory Aged Parent Visa Refusals
The second component of MIA Notice 64 addresses an update concerning the refusal of onshore Aged Parent (Subclass 804) and Contributory Aged Parent (Subclass 864) visa applications. These subclasses are notable because they permit eligible applicants to remain in Australia on a Bridging visa while their application is queued and assessed.
The update clarifies the circumstances under which onshore applications in these subclasses may be refused, particularly in situations where the cap has been reached for the relevant program year. Applicants who are refused retain the right to seek merits review at the Administrative Appeals Tribunal (AAT), though review does not guarantee a grant and cannot override a statutory cap.
This is a practically significant issue. Many Aged Parent applicants are elderly individuals who have been living in Australia on Bridging visas, often for many years. A refusal on cap grounds does not reflect on the merits of the application itself, but it does interrupt the applicant's lawful status unless review is promptly sought.
Practical Steps for Applicants and Sponsors
- Confirm your application subclass and check the current cap allocation for the relevant program year via the Department of Home Affairs legislative instruments register.
- If you have received a refusal notice on an onshore Aged Parent or Contributory Aged Parent application, note the strict timeframe for lodging an AAT review application, typically 21 days from the date of the refusal decision.
- Ensure your Bridging visa status is maintained while any review is pending. Departing Australia without appropriate travel authorisation may result in the Bridging visa ceasing.
- Seek legal advice before responding to any refusal or before making decisions about travel or change of status.
Key Takeaways
- MIA Notice 64 (12 June 2026) updates the legislative instruments governing Contributory Parent, Parent and Other Family visa caps for the current program year.
- Cap changes can directly affect the expected grant timing for queued applications, even where applications are otherwise complete and meritorious.
- Onshore Aged Parent (804) and Contributory Aged Parent (864) applicants face a specific refusal risk when annual caps are exhausted, and must act promptly to preserve review rights.
- Bridging visa continuity is critical for onshore applicants who are refused: seek legal advice immediately upon receiving a refusal notice.
- Parent visa processing timelines are lengthy across all subclasses. Understanding cap mechanics is essential for realistic planning.
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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