Australia Introduces New Fee for Protection Visa Reviews

Starting November 1, 2026, Australia has implemented a new fee for reviews of most Protection visa decisions. This change, part of updated Migration Regulations 1994, requires applicants to pay an upfront fee of A$1,863.50 when lodging a review. Previously, protection visa review applicants typically did not pay a fee at the time of filing. The Administrative Review Tribunal announced this change, which affects how individuals seeking a review of their visa decisions must proceed.

Understanding the New Protection Visa Review Fee

The A$1,863.50 fee is specifically for review applications related to decisions to refuse or cancel a protection visa. It also applies to certain decisions to withdraw an existing protection finding. This upfront payment is half of the standard application fee, with the possibility of the remaining balance becoming payable depending on the outcome and specific circumstances of the review. This shift in payment timing means most applicants must now provide funds at the beginning of the review process, rather than after it concludes.

Exemptions to the Upfront Payment Requirement

While the new fee applies broadly, there are two specific groups of applicants who are exempt from paying the upfront charge. These exemptions are for non-citizens who are currently held in immigration detention and for applicants whose cases can be combined with another application that has already had its fee paid. These exceptions are narrowly defined by the tribunal, ensuring that the upfront payment requirement is applied fairly to those who can meet it.

Refund Policies for Protection Visa Reviews

Refunds for the A$1,863.50 fee are dependent on the outcome or validity of the application. Applicants who are successful in challenging a protection visa decision will receive a full refund of the fee paid. Similarly, if the tribunal determines the application to be invalid or is prevented from reviewing the decision, the fee will be returned. However, withdrawing a review application after November 1, 2026, generally does not qualify for a refund, except in very limited circumstances as determined by the tribunal.

Impact of Application Submission Time on Payment Rules

The timing of an application submission is critical in determining which payment rules apply. Individuals who began an online review application before the new regulations took effect but had not submitted it by 12:00 am (AEDT) on Sunday, November 1, 2026, are required to restart their application process. They will then need to pay the new upfront fee when lodging the revised application. Applications lodged before November 1 generally follow the previous payment system, where unsuccessful applicants pay after the review concludes, typically within seven days of receiving an invoice. Successful applicants under the earlier arrangement are often not required to pay a fee.

Changes to Bridging Visa B Provisions

In addition to the new review fee, the same amendment instrument also introduces changes to certain Bridging Visa B grants for non-citizens connected to a protection application. These changes affect access to specific Bridging Visa B pathways after a protection claim has been finally determined. The regulations aim to preserve defined routes while a merits review or judicial review is still in progress. Some of these affected bridging visas may also include conditions related to unlawful activity or conduct that poses a risk to public safety or public order.

Procedural Stage Determines Application of New Rules

The new regulations primarily apply to decisions and applications made on or after the commencement date of November 1, 2026. An individual’s procedural position within the immigration system can influence how they must apply and whether their protection application, tribunal review, or court proceeding is considered pending. The regulations distinguish between different stages of a case. For instance, a review lodged before the new rules came into effect generally adheres to the earlier payment arrangement. The rules also maintain specific bridging visa pathways during ongoing merits or judicial reviews, ensuring continuity for those in active review processes.

Frequently Asked Questions