Balance of Family test failure
The applicant does not have more children in Australia than in any other single country, and does not have at least half of their children usually resident in Australia. The most common refusal ground.
So much waiting and cost has usually gone into the application. Elderly parents, long processing times, large fees already paid. This page explains the most common parent visa refusal reasons and how appeals work at the ART. Our partner and family specialist Neha Sharma leads parent visa appeals.
Understanding the refusal ground shapes the appeal strategy. The Balance of Family test is the most common.
The applicant does not have more children in Australia than in any other single country, and does not have at least half of their children usually resident in Australia. The most common refusal ground.
Elderly applicants often have health conditions that fail the significant cost test. A health waiver (PIC 4005 or 4007) may be available but must be argued properly.
Sponsor's income falls below the required threshold, or the AoS bond cannot be provided as required.
Past criminal records, association with organised groups, or other character concerns.
Sponsor is not usually resident in Australia, or has their own character problems that affect eligibility.
Parent visa appeals are managed at the Administrative Review Tribunal. The 21-day deadline applies to all three subclasses.
The Subclass 143 and some other parent visa categories allow a health waiver under PIC 4007. Specialist preparation matters.
Medical reports detailing current condition and prognosis. Evidence of Australian healthcare costs attributable to the condition. Family context including the sponsor's capacity to contribute. Compelling and compassionate circumstances.
Evidence of settlement support and community connection. Impact on Australian family members, particularly children and grandchildren.
These are not routine applications. Evidence needs to be gathered from medical specialists, costed against published healthcare figures, and argued with reference to case law.
A child overseas moving to Australia, a child passing away, or a child marrying and becoming non-dependent can all alter the outcome. This means some parent visa refusals can be addressed by changes that happen naturally during the waiting period.
For parent visa appeals, book with Neha Sharma. For health waiver submissions, book with Prateek Maan.