Parent Visa Refused in Australia: Balance of Family, Assurance of Support and Review
Updated September 2026. A Parent Visa refusal can be particularly difficult because applicants may already have waited years for processing. The correct next step depends on the legal reason for refusal. A balance of family failure is very different from an Assurance of Support issue, health issue or missing evidence problem.
For advice on Parent Visa matters, see our Australian Parent Visa service.
Balance of family test refusals
Home Affairs states that the balance of family test is required for Parent subclasses 103, 143, 173, 804, 864 and 884. A parent meets the test if at least half of their children and stepchildren are eligible children, or there are more eligible children than children living in any other single country.
Critically, Home Affairs states that the test cannot be waived, even in compelling or exceptional circumstances.
Can a mistake in counting children cause refusal?
Yes. Stepchildren, adopted children and the location or eligibility of children can affect the calculation. If a refusal turns on the balance of family test, the family tree and each child’s status should be checked carefully against the legal definitions.
What about Assurance of Support?
Some Parent Visa pathways require an Assurance of Support. Problems can arise where the assurer does not satisfy the requirements, the assurance is not finalised in time, or circumstances change during processing. A refusal on this basis should be distinguished from a balance of family refusal because the potential solution may be different.
Other common refusal issues
- health requirements;
- character requirements;
- sponsorship eligibility;
- identity or relationship evidence;
- failure to respond to a Department request; and
- criteria that must be met at a specific time.
Can a Parent Visa refusal be reviewed?
Some Parent Visa decisions may be reviewable by the ART. The refusal letter should state whether review rights exist and the deadline. Review preparation should focus on the actual refusal finding rather than repeating the original application.
Should you reapply instead?
That depends on the reason. If the balance of family test was correctly failed, a new application filed immediately with the same family circumstances is unlikely to change that calculation. If the problem was a correctable evidentiary or procedural issue, a new application may sometimes be considered, subject to current eligibility and processing realities.
Official guidance
Home Affairs explains the balance of family test and confirms that it cannot be waived.
Need legal advice after a Parent Visa refusal?
Emigrate Lawyers can review the refusal, family composition, sponsorship, and any ART rights before you decide whether to review or reapply. Book a consultation.
This article is general information only and is not legal advice.
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Madhab Kharel
Principal Lawyer & Director, Emigrate Lawyers
Madhab Kharel is the Principal Lawyer and Director of Emigrate Lawyers, an Australian law firm assisting clients across Australia and internationally. His migration law practice includes Partner Visas, Protection Visas, visa refusals and cancellations, Administrative Review Tribunal matters, health and character issues, Schedule 3, Section 48, sponsorship limitations and employer-sponsored migration. He regularly advises clients with complex immigration histories and matters requiring detailed legal submissions and evidence strategy.
Reviewed by Madhab Kharel, Principal Lawyer
Date reviewed: 21 September 2026
