Breaking: ART Introduces $1,863.50 Upfront Fee for Most Protection Visa Reviews
Breaking migration news · Protection reviews
The Administrative Review Tribunal (ART) has confirmed that most people applying for review of a protection visa refusal or cancellation must now pay $1,863.50 upfront.
The Tribunal announced the change on 1 November 2026. Applicants preparing a protection review should check the payment requirements immediately, alongside their filing deadline. Read the ART announcement.
Most protection reviews · Upfront fee
$1,863.50
Pay when applying, unless an exemption applies.
Commenced: 1 November 2026
Hardship reduction: unavailable
Exemptions: immigration detention and qualifying combined applications
Fee and exemptions: ART official fee guidance, checked 4 November 2026.
What has changed?
The Migration Amendment (2026 Measures No. 1) Regulations 2026 replaced regulation 4.31B of the Migration Regulations 1994. The amended provision requires the applicable fee to accompany an application for review of a reviewable protection decision.
The fee is half the indexed amount prescribed for reviewable migration decisions: $1,863.50 at commencement. The explanatory statement says the measure aims to discourage unmeritorious reviews and contribute towards administration costs.
Which decisions are covered?
The ART identifies protection visa refusals, protection visa cancellations, and decisions under section 197D of the Migration Act 1958 that a protection finding would no longer be made about someone. Where the fee applies, its online system requires payment before submission.
Certain character-related protection decisions follow a separate review pathway. Check the legal grounds in the decision letter before choosing a form or calculating the fee. Check the ART review pathways.
Who does not need to pay?
| Circumstance | Treatment |
|---|---|
| A non-citizen applies while in immigration detention | The prescribed fee is not payable. |
| The application qualifies to be combined with another application for which the prescribed fee has been paid | A separate fee is not payable for that qualifying combined application. |
Family members should confirm that their applications qualify to be combined; belonging to the same family does not, by itself, establish the exemption.
Can financial hardship reduce the fee?
The ART says it cannot grant a discretionary reduction or waiver of this protection review fee. The exemptions above remain available where their requirements are met. Arrange funds early if payment is required. See the ART fee rules.
When can the fee be refunded?
The ART advises that a successful protection review attracts a full refund, as does an application it determines to be invalid. An unsuccessful review does not attract a refund.
The amended regulation specifies refund events, including variation of the decision, remittal for reconsideration, or setting the decision aside and substituting another decision. A successful review may return the matter to Home Affairs; it does not necessarily result in an immediate visa grant.
Withdrawing a review does not automatically produce a refund. The ART says withdrawal refunds are confined to limited circumstances. Read its fee and refund announcement.
What happens to applications started before 1 November?
Starting an online form did not secure the previous arrangements. The ART says a protection review form started but not submitted before 12:00 am AEDT on Sunday, 1 November 2026 must be restarted, with the applicable upfront payment made before submission.
For reviews lodged before 1 November, the ART advises that previous arrangements continue: an unsuccessful review generally attracts a fee, while a successful review usually attracts none. An invoice must be paid within seven days.
Cases spanning the changeover: Check the decision date and review lodgement date against the legislative transitional provisions before assuming which payment rules apply.
Received a protection visa refusal? Act on the deadline
For protection reviews under this pathway, the ART warns that filing time limits are strict and cannot be extended. Check the Home Affairs notification to establish your review rights and deadline. See ART application guidance.
- Check the decision. Identify the review pathway and calculate the deadline.
- Confirm the fee. Establish whether an exemption or combined application applies.
- Prepare for lodgement. Arrange any required payment before the deadline.
- Keep confirmation. Save the submission acknowledgement and payment receipt.
These are our practical recommendations. Allow time to address payment or application problems before the deadline. If time is short, seek urgent immigration advice.
Advice tailored to your case
The Emigrate Lawyers difference
A fee payment is one part of a protection review. Our focus is understanding the decision, identifying the issues that need to be addressed and preparing your case with care.
Review rights first
We assess the refusal or cancellation, the available review pathway and the applicable deadline before advising on next steps.
Evidence with a purpose
We identify the findings in dispute and the documents, explanations and country information relevant to your circumstances.
Clear advice on costs
We explain the distinction between Tribunal charges and our professional fees, and clarify the proposed scope of assistance.
Support through the process
Our team assists with preparation, submissions and representation within the agreed scope of your engagement.
Led by Madhab Kharel, Emigrate Lawyers assists clients with protection matters and ART reviews across Australia.
Need advice about a protection review?
Have your decision letter ready. Tell our team when it was received and whether a review deadline is approaching.
About the author
Madhab Kharel
Principal Lawyer · Emigrate Lawyers
Madhab Kharel is the founder and Principal Lawyer of Emigrate Lawyers. His practice includes protection visas, partner visas, visa refusals, ART reviews and complex immigration matters.
Primary sources
- ART: Upfront fees now apply for most reviews of protection decisions — 1 November 2026.
- ART: Upcoming fee changes for protection reviews — 31 October 2026.
- ART: Current fees, exemptions and refunds.
- Migration Amendment (2026 Measures No. 1) Regulations 2026.
General information current as at 4 November 2026. This article is a summary of the cited primary sources. Individual advice requires consideration of the decision, review rights and applicable law.
