Can One Family Member's Health or Character Problem Refuse Your Whole Subclass 300 Application in 2026?
Yes — that is exactly what the legislation provides. Under clause 300.226 of the Migration Regulations 1994, the primary applicant for a Prospective Marriage visa (Subclass 300) cannot be granted the visa if a member of the family unit covered by the application does not satisfy the relevant public interest criteria, even where the primary applicant personally meets every relationship criterion. The Department of Home Affairs' official Prospective Marriage visa (subclass 300) page reflects the same endpoint from the health side: as of the July 2026 version of that official page, the department states it cannot grant the visa unless there is a valid health assessment. This article is general information about how the rule works, not personalised advice about your situation; confirm your own position against the official pages or with a registered professional.
What does the "one fails, all fail" rule actually say?
The rule sits in the Part 300 criteria rather than in policy discretion. Clause 300.223 requires the primary applicant to satisfy public interest criteria 4001, 4002, 4003, 4004, 4007, 4009, 4010, 4019, 4020 and 4021. Clause 300.323 requires each secondary applicant to satisfy the corresponding public interest criteria that apply to them, and clause 300.326 adds criteria 4017 and 4018 for secondary applicants under 18 (guardianship and best-interests of the child).
Clause 300.226 is the provision that turns an individual failure into a collective one: if a person covered by the application does not meet the applicable criterion, the primary applicant does not get the visa. The departmental policy manual describes the same outcome in plain terms — where a member of the family unit fails, the primary applicant cannot be granted.
Who is caught by the rule, and does it reach people who never applied?
Two groups are relevant, and they are treated differently.
The first group is the people listed on the application. Clause 300.311 requires a secondary applicant to be a member of the family unit of the primary applicant and to have applied at the same time; clause 300.312 requires the sponsorship to cover them; clause 300.321 requires that, at the time of decision, they are still a member of the family unit and the primary applicant holds a Subclass 300 visa.
The second group is broader and often overlooked. The health criterion, PIC 4007, is assessed against the primary applicant and all family members, whether or not those family members are applying for the visa. Clause 300.226(2) gives the decision maker a limited discretion: where a family member is not applying and it would be unreasonable to require that person to undergo a health examination, the requirement may be waived for that person. That is a narrow exception, not a general escape hatch.
Which checks most often cause the cascade?
| Criterion | What it covers | Who it reaches |
|---|---|---|
| PIC 4007 | Health | Primary applicant and all family members, applying or not |
| PIC 4001–4003 | Character test, including criminal record and security risk | Each applicant as required by cl.300.223 / cl.300.323 |
| PIC 4020 | Bogus documents and false or misleading information | Each applicant |
| PIC 4019 | Values statement | Applicants aged 18 or over at the time of application |
| PIC 4021 | Holding a valid passport | Each applicant |
| PIC 4017 / 4018 | Guardian consent and best interests of the child | Secondary applicants under 18 (cl.300.326) |
Suppose an applicant whose relationship evidence is strong, and whose own health examination and police certificates are clean, lodges together with a dependent child who has a condition that fails the health criterion. Clause 300.226 does not allow the officer to grant the parent and refuse only the child: the failure attaches to the application.
On the health side, the official page sets the practical frame: health examinations are required, the results are valid for 12 months from the date the examinations were completed, and a health undertaking, if one is requested, is valid for 6 months. Because of that validity window, the department advises referring to its published visa processing times before deciding when to complete health examinations.
On the character side, the official page requires a police certificate from every country where the applicant spent a total of 12 months or more during the last 10 years since turning 16, plus military service or discharge records where applicable, and Form 80. Certificates are valid for 12 months from the date of issue. An Australian police certificate is required where the applicant has spent 12 months or more in Australia in the last 10 years since turning 16, and only complete-disclosure National Police Certificates issued by the Australian Federal Police are accepted; if more than 15 months have passed since an AFP certificate was issued, new checks are required.
Can a family member's failure be fixed after lodging?
Sometimes the problem is evidence, not substance, and the process has a step for that. Where the decision maker has doubts about the material — for example about the genuineness of a document or about a health or character issue — the policy manual describes a written natural justice request under section 56 of the Migration Act 1958, giving the applicant a reasonable period to provide further information. If there is no response, or the criterion still is not met, the decision is made on the evidence already held.
Two structural points matter more than any single document:
- The exception in cl.300.226(2) is confined to health examinations for family members who are not applying, where requiring an examination would be unreasonable.
- Changes must be notified. Section 104 requires written notice of changes such as the end of the relationship, a marriage during processing, or a change in family members; the official page repeats this and warns that if the applicant marries they are no longer eligible for the visa and, if they do not withdraw the application, it will be refused as they no longer meet the eligibility requirements for the visa. A dependent child can be added before the decision using Form 1436, provided the child is outside Australia, and the department can grant the child the visa if the child is a member of the family unit and meets all other criteria.
What changes about how you should prepare?
- Treat health and character as household-level tasks. Arrange examinations and police certificates for everyone covered by the application, not only for the person whose relationship is being assessed.
- Watch the validity windows. A health assessment valid for 12 months and police certificates valid for 12 months can both expire during processing, and the official page advises checking published processing times before booking examinations.
- Submit identity and relationship documents completely and accurately; the official page stresses proving identity and providing true information, and notes that incomplete applications cause delays.
- Keep the family composition stable and declared. Adding a dependent child before decision is provided for; a member who simply drops out is not a scenario the criteria set up, since cl.300.321 requires the person to remain a member of the family unit at decision.
If the application is refused, what must the decision tell you?
The official page states that if the visa is refused, the department will tell the applicant why it was refused and whether there is a right to a review of the decision, and that the application fee will not be refunded.
Frequently Asked Questions
Does the rule apply if the family member is not travelling to Australia with me?
It can. The health criterion in PIC 4007 is assessed against all family members whether or not they are applying for the visa, so a non-applying family member's health position is still relevant. Clause 300.226(2) allows the requirement to be waived where that person is not applying and requiring an examination would be unreasonable.
Is a child's health or character assessed the same way as an adult's?
The public interest criteria apply to secondary applicants through cl.300.323, and cl.300.326 adds PIC 4017 and 4018 for applicants under 18, covering guardian consent and the best interests of the child. A child's failure under these criteria still operates through cl.300.226 to block the primary applicant's grant.
Can we add a child after we have already lodged?
Yes, before a decision is made, using Form 1436, and the child must be outside Australia. The official page states the department can grant the child the Subclass 300 visa if the child is a member of the family unit and meets all other criteria for grant.
Will we get a chance to respond before a refusal?
Where the decision maker has doubts about the material, the policy manual describes a written request under section 56 of the Migration Act 1958 giving a reasonable period to provide further information. If nothing further is provided or the criterion is still unmet, the decision is made on the existing evidence.
How long do health and police documents stay valid?
Health assessment results are valid for 12 months from when the examinations were completed, and a health undertaking is valid for 6 months, per the official page. Police certificates are valid for 12 months from the date of issue, and where more than 15 months have passed since an AFP National Police Certificate was issued, new checks are required.
Is the fee refunded if the whole application is refused on one family member's issue?
No. The official page states that the application fee is not refunded if the application is refused, and that the refusal notice will state the reasons and whether there is a right to review.