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Subclass 602 refusal reasons and natural justice: fixing mistakes and s.56 requests (2026)

Why Subclass 602 applications are refused, how s.56 requests and natural justice work, and how to correct wrong answers before a decision.

2026-10-04

A Subclass 602 (Medical Treatment) application is refused because one of the Schedule 2 criteria was not satisfied at the moment of decision — most often genuine temporary stay (cl.602.215), adequate funds (cl.602.216), or treatment arrangements that were not "concluded" (cl.602.212(2)(b)) — and the practical question before that happens is whether you used the two procedural chances available to you: replying properly to a request for further information under s.56, and correcting any wrong answer inside ImmiAccount. As of the August 2026 version of the Department of Home Affairs Medical Treatment visa (Subclass 602) page, mistakes on a submitted application are reported through the "Notification of incorrect answer(s)" function in ImmiAccount; the criteria themselves, and the fairness steps a decision-maker must take before refusing, come from the Migration Regulations 1994 and the Department's Procedures Advice Manual (PAM3). What follows describes published criteria and procedure only — it is general information, not advice about any individual case, and how it applies to you depends on your own documents, the current official pages, and, where the stakes include review rights orPIC 4020 integrity findings, qualified professional input.

What are the most common reasons a Subclass 602 application is refused?

Every criterion has to be met at the time of decision, not when you lodge. In practice the same grounds recur:

  • Genuine temporary stay (cl.602.215). The decision-maker asks whether you will leave before the visa ends, regardless of how the treatment turns out or what the prognosis is. Long, repeated or "rolling" applications and thin evidence of ties home tend to weigh against you.
  • Funds (cl.602.216). You must show access to enough money for treatment and for living costs for yourself and anyone coming with you.
  • Treatment arrangements not concluded (cl.602.212(2)(b)). A letter from the treating doctor in Australia should cover your condition, the treatment required, an estimated timeframe and an estimated cost.
  • Payment arrangements (cl.602.212(2)(e)–(f)). For public hospital treatment, the letter must come from the hospital's financial officer or administration department and confirm that no Australian will be disadvantaged in accessing medical services.
  • Disadvantage to Australian citizens or permanent residents (cl.602.214). Organ transplantation and dialysis are treated as scarce services; consultation-only cases are usually handled differently from full treatment.
  • Health (cl.602.212(2)(d)). For the medical treatment stream the focus is on excluding active tuberculosis risk; organ donors and support persons are assessed against PIC 4005.
  • Immigration history. Breach of earlier visa conditions, or a "no further stay" condition (8503, 8534, 8535, 8540) that has not been waived.
  • Previous 403 visa (cl.602.213). An onshore applicant who holds or last held a 403 visa in the domestic worker (diplomatic or consular) class is excluded unless the "unable to depart" stream applies.
  • Integrity (PIC 4020). False or misleading information, including about funds, can lead to refusal and may attract a three-year bar.
  • Under-18 applicants (cl.602.219). PIC 4012, 4017 and 4018, including guardian and consent arrangements.

Which of these can an applicant actually fix, and which cannot?

This distinction decides whether effort spent before a decision is worthwhile. Evidence gaps are usually fixable: a doctor's letter that omits cost or timeframe, missing bank statements, a hospital letter signed by the wrong department, a missing Form 1507 Evidence of intended medical treatment for onshore applicants who do not hold a substantive visa, or an untranslated document. These are documents you can obtain and attach.

Status facts are different. If the problem is that you hold or last held a 403 domestic worker visa, that you are still subject to a "no further stay" condition, that a Commonwealth Medical Officer's opinion does not support the "unable to depart" standard, or that the information you gave was not accurate, no volume of extra paperwork repairs it — the correct response is to understand what the record actually says and what the alternatives are. Suppose an applicant declares a treatment cost of AUD 20,000 and attaches a hospital letter that puts it at AUD 60,000: the useful step is not more letters but a clear, documented correction of what was said, and a payment-arrangement letter that addresses the real figure.

Where does natural justice fit before the decision is made?

Two separate obligations run in your favour, and they are not the same thing.

First, the decision-maker must give you a chance to comment on adverse information that is relevant to the decision and that you did not yourself provide — for example, information from another part of the Department or from a third party. That is the natural justice limb, and it exists whether or not you asked for it.

Second, where information is simply missing, the decision-maker can ask you for more under s.56. That request is a chance, not a guarantee: the official page states plainly that the Department may decide your application without requesting further information from you. Waiting passively for a request is therefore a strategy with a known failure mode.

PAM3 also notes that officers may consider giving advice, including the opportunity to withdraw an application, particularly where another visa might be available or the circumstances are compelling. Withdrawal is a decision with consequences of its own, including on any fee paid, so it is worth understanding before agreeing to it.

How do you correct a mistake on a lodged Subclass 602 application?

The official page asks you to report a mistake as soon as possible. In ImmiAccount:

  1. Log in and use the "+" icon to expand the application details.
  2. Select Update details.
  3. Select Notification of incorrect answer(s).
  4. Select Add, complete the fields, then select Confirm.

Separately, documents you did not attach at lodgement should be attached in ImmiAccount as soon as you can, and certain changes must be notified in their own right: a wish to withdraw, changes to phone number, address or passport, changes to relationship status, and the birth of a child.

What has changed Where it is handled When it matters
An answer in the form was wrong ImmiAccount → Update details → Notification of incorrect answer(s) As soon as possible, before decision
A document was missing or new evidence exists Attach documents in ImmiAccount Before decision
Circumstances changed (passport, contact details, relationship, child, withdrawal) Change-in-situation notification Before decision
The Department has asked for evidence Response to the s.56 request Within the period stated in the request

What should a response to an s.56 request contain?

Answer each item the request names, in the same order, and label attachments so they map to the request. Include English translations. If a document cannot be obtained in the time allowed — a hospital finance letter is a common one — send what you have, explain in writing why the rest is pending and when it is expected, rather than sending nothing. If nothing arrives within the stated period, the decision can be made on the material already available, and a refusal on that basis is difficult to criticise afterwards.

Two cautions follow from the same source. Requests are time-limited, so treat the date in the letter as binding. And because the Department may decide without asking at all, a complete application lodged up front is worth more than a fast response to a request that never comes.

If the refusal has already been made, what are the options in 2026?

The Department advises that a refusal letter tells you why the visa was refused and whether you have a right to review; review rights are strictly time-limited and the letter is the document that sets out what applies to you. The application charge is not refunded if the application is refused.

On reapplying, one point often matters more than any other: PAM3 records that the s.48 bar does not apply to Subclass 602 (reg. 2.12(ca)), so a person in Australia whose 602 application was refused is not, by that fact alone, prevented from lodging a fresh 602 application onshore. A fresh application is still a fresh decision — the criteria must be met at the time of that decision, and a new charge applies. Where a support person is involved, the Department's page states that the main applicant's visa must be granted before the support person's visa can be granted, although the two applications can be processed together.

Who is allowed to help with a Subclass 602 application

Only some people may lawfully give immigration assistance. If you appoint someone for that purpose, they must be a registered migration agent, a legal practitioner, or an exempt person. Appointment of an agent or lawyer is done with Form 956; appointing someone merely to receive correspondence is done with Form 956A, and you can appoint anyone to do that. Both are uploaded to ImmiAccount.

Frequently Asked Questions

Can I correct a wrong answer after I have lodged a Subclass 602 application?

Yes. Log in to ImmiAccount, expand the application with the "+" icon, select Update details, then Notification of incorrect answer(s), then Add, complete the fields and select Confirm. The official page asks you to do this as soon as possible.

Will the Department always ask me for more information before refusing?

No. The official page states that the Department may decide your application without requesting further information from you, which is why lodging complete documents at the outset matters more than waiting for a request.

What happens if I miss the deadline in an s.56 request?

The decision can be made on the material already available. If you cannot obtain a document in time, send what you have with a written explanation of why the remainder is pending and when it is expected.

Can I apply for a Subclass 602 again while in Australia after being refused?

PAM3 records that the s.48 bar does not apply to Subclass 602 (reg. 2.12(ca)), so an onshore applicant refused a 602 is not barred by that provision alone from lodging a new application. The new application must satisfy the criteria at its own time of decision and a new charge applies.

Is correcting an incorrect answer a defence to a PIC 4020 problem?

Not automatically. PIC 4020 applies to all Subclass 602 applicants, and false or misleading information — including about funds — can lead to refusal and may attract a three-year bar. Correcting the record early is better than leaving it, but the outcome is assessed on the facts.

Does the visa charge come back if the application is refused?

No. The official page states that the application charge is not refunded if the application is refused. The visa is free if you apply outside Australia; a charge applies for applications made in Australia, with concessions in limited circumstances and free of charge if you represent a foreign government.

Can a support person be granted before the person receiving treatment?

No. The official page states that the main applicant's visa must be granted before a support person's visa can be granted, although the applications can be processed together. Each support person generally needs a separate application unless they share a passport.

How long will a Subclass 602 application take to be decided?

The Regulations do not set a statutory time limit, and the official page directs applicants to the visa processing time guide tool, which reflects recently decided applications and is a guide only. The page lists fill-in errors, missing documents, requests for more information and verification time as reasons an application takes longer.

References

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