What Does 'One Fails, All Fails' Mean for Subclass 151 Families in 2026?

If any family member included in a Subclass 151 (Former Resident) application fails to meet the relevant public interest criteria or special return criteria, the entire application is refused — the main applicant cannot be granted the visa while a secondary applicant fails. This is the "one fails, all fails" rule, set out in clauses 151.226 to 151.227B of the Migration Regulations 1994 and restated in the Department’s PAM3 guidance, while the Department’s Former Resident visa (Subclass 151) official page separately requires family members who apply to meet health and character requirements. The same official page also states that if the application is made outside Australia, family members who are not coming to Australia might also have to meet those health and character requirements, which is the trap many applicants do not expect. Because the outcome depends on each person’s circumstances, this article is general information only and not personalised professional advice; the latest official information should be treated as authoritative.

What does “one fails, all fails” mean for a Subclass 151 application?

The rule means the application is assessed as a single unit. The main applicant and every family member included in the application must satisfy the criteria that apply to them; if one secondary applicant does not satisfy the required public interest criteria (PIC) or special return criteria (SRC), the whole application must be refused, and the main applicant cannot be approved separately. The Migration Regulations 1994 set this out in clauses 151.226 to 151.227B, and the Department’s procedures guidance (PAM3) restates the same point: any family member who fails PIC or SRC means the main applicant also cannot be granted the visa.

The criteria are not limited to health and character. The regulations refer to public interest criteria including 4001, 4002, 4003, 4004, 4009, 4010 and 4021, with PIC 4019 added for applicants who had turned 18 at the time of application, and PIC 4017 and 4018 for applicants under 18. For applicants who had previously lived in Australia, special return criteria (SRC 5001, 5002 and, for offshore applicants, 5010) also apply, and the official page lists related requirements such as having no debt to the Australian Government, while a history of visa cancellation or refusal is weighed as part of immigration history and might make an applicant ineligible, with the page noting that in some circumstances such an applicant may still apply.

Who counts as a family member in the application?

Only members of the family unit who are actually included in the application are assessed, but the official page makes clear that inclusion can happen at two points. Members can be included when you apply, and members can be added at any time before the Department decides the application by completing Form 1436 Adding an additional applicant after lodgement, paying the additional application charge and providing evidence of the relationship and identity documents. All applicants apply together on the one Form 47SV Application for special migration to Australia, so every person on that form is exposed to the "one fails, all fails" outcome.

The Department’s PAM3 guidance also notes that a newborn child may be added automatically under regulation 2.08, or a partner or child added by written request under regulation 2.08A, before the main decision is made. This matters because a person added later is still part of the single application and can therefore cause the whole case to fail.

Do family members who are not moving to Australia still need to pass health and character?

Yes, in an offshore application they may have to. The official page states that family members who apply for the visa must meet health and character requirements, and separately states that if you apply from outside Australia, family members who are not coming to Australia might also have to meet those requirements. A spouse, child or other family member who will stay behind can therefore still be required to undergo health checks and character checks, and if that person fails, the whole application is refused under the rule.

This is the practical trap for former residents applying from overseas: the assessment is not limited to the people who intend to travel. The same official page confirms that family members aged 16 years or over must meet the character requirement, while the health requirement applies to any family member who applies for the visa with the main applicant.

Which health criterion applies: PIC 4005 or PIC 4007?

The Migration Regulations 1994 and the Department’s PAM3 guidance distinguish the health criterion by the main applicant’s category and location. For an offshore long residence applicant, family members must meet PIC 4005; for an onshore long residence applicant or a defence service applicant, the applicable criterion is PIC 4007. PAM3 guidance notes that PIC 4007 is the criterion under which a waiver may be considered, while PIC 4005 is applied without that waiver pathway.

The official page does not use these criterion numbers; it requires family members who apply to meet the health requirement and directs applicants to the health requirements information. Non-migrating family members in an offshore application are also caught by the health requirement, as noted above.

What other criteria can trigger a refusal for a family member?

Character is the most obvious one after health. The official page states that the main applicant and any family members aged 16 years or over must meet the character requirement, and the regulations link character to PIC 4001. The Department’s PAM3 guidance adds the passport rule in PIC 4021: a secondary applicant must hold a valid passport, or show that requiring one would be unreasonable.

Other triggers include the special return criteria and related history. The official page states that if you or any family members owe the Australian Government money, it must have been paid back or be covered by a formal arrangement, and that the Department will consider immigration history, which may make an applicant ineligible if a visa was cancelled or an application refused. For applicants under 18, the regulations require PIC 4017 and 4018 (parental consent and related matters), and PAM3 guidance refers to custody and best-interests considerations under clauses 151.228 and 151.325. An Assurance of Support may be requested, but PAM3 describes it as discretionary rather than always required.

What happens if a family member fails?

If any included family member fails a required criterion, the entire application is refused — the main applicant cannot be granted the visa. The official page states that if the visa is refused, the applicant will be told why it was refused and whether there is a right to a review of the decision. It also states clearly that the application charge will not be refunded if the application is refused.

What can be done before a decision is made?

Family members can be added before the Department decides the application by completing Form 1436 Adding an additional applicant after lodgement, sending it to the address provided, including evidence of the relationship and other supporting documents such as identity documents, and paying the additional application charge. If a mistake was made on the application, the official page says this can be notified using Form 1023 Notification of incorrect answers.

On documents, the official page advises providing accurate information and notes that police certificates should not be arranged until the Department asks for them. Because the "one fails, all fails" rule turns on the people included in the Form 47SV application, the membership of the application should be settled and every included person’s position checked before the case is decided.

Frequently Asked Questions

What is the “one fails, all fails” rule for Subclass 151?

The rule means that if any family member included in the application does not meet the required public interest criteria or special return criteria, the entire application is refused and the main applicant cannot be granted the visa. It is set out in clauses 151.226 to 151.227B of the Migration Regulations 1994 and applies to every person on the Form 47SV application.

Do non-migrating family members have to meet health and character requirements?

Yes, in an offshore application they may have to. The official page states that family members who apply must meet health and character requirements, and that if the application is made outside Australia, family members who are not coming to Australia might also have to meet them. A failure by such a member can therefore refuse the whole case.

Which health criterion applies to family members in Subclass 151?

For an offshore long residence applicant, family members must meet PIC 4005, while for an onshore long residence applicant or a defence service applicant the criterion is PIC 4007. PIC 4007 is the criterion under which a waiver may be considered, according to the Department’s PAM3 guidance. The official page simply requires family members who apply to meet the health requirement.

At what age do family members need to meet the character requirement?

The character requirement applies to the main applicant and to any family member aged 16 years or over, as stated on the official page. The Migration Regulations 1994 link character to public interest criteria such as PIC 4001. Family members under 16 fall outside that character requirement, while applicants under 18 are still covered by other criteria, including PIC 4017 and 4018 on parental consent and the custody and best-interests considerations under clauses 151.228 and 151.325.

Can family members be added to a Subclass 151 application after it is lodged?

Yes, members of the family unit can be added at any time before the Department decides the application by using Form 1436 Adding an additional applicant after lodgement. The official page says this requires sending the form to the address given, including evidence of the relationship, other supporting documents such as identity documents, and paying the additional application charge. A newborn child is handled under the separate process described on the official page and in the regulations.

Is the visa application charge refunded if the application is refused?

No. The official page states that the application charge will not be refunded if the application is refused. The decision letter will also state why the visa was refused and whether there is a right to a review of the decision.

References

Australian Department of Home Affairs — Former Resident visa (Subclass 151) official page

Federal Register of Legislation — Subclass 151 (Resident) in the Migration Regulations 1994