Australia introduces upfront fees for most protection reviews

Australia's Administrative Review Tribunal (ART) says that from 1 November 2026 most applicants seeking review of a protection decision must pay an upfront fee. Its published amount at commencement is AUD 1,863.50. This concerns tribunal review, a separate process from an initial protection-visa application or judicial review.

Which decisions and exceptions are covered?

The tribunal identifies refusal or cancellation of a protection visa and a decision under section 197D that a protection finding would no longer be made about a person. It says the fee does not apply to a non-citizen in immigration detention or an application combined with another for which a fee has already been paid. The amendment prescribes the amount as half the indexed migration-review fee, so the figure should be checked again when applying.

Refunds and unfinished forms

According to the ART, a successful review or an invalid application entitles the applicant to a full refund; refunds after withdrawal are available only in very limited circumstances. A refund is not a promise that the protection visa will be granted. The tribunal says a person who began an online application but did not submit it before midnight Australian Eastern Daylight Time on 1 November must start a new form and pay the upfront fee unless an exception applies.

Why the transition needs checking

The ART says an application lodged before 1 November generally falls under the earlier arrangement, with a fee generally payable after an unsuccessful review. The amendment's savings provision refers to an application for review of a decision made before commencement, while its explanatory statement also describes applications made before commencement. The wording warrants case-specific checking, especially where the decision and review application fall on opposite sides of commencement. Seek clarification from the tribunal or qualified Australian advice instead of assuming the cut-off resolves every case.

Practical next steps

Check the decision letter, service date, review rights, deadline, date the review was lodged, detention status and possible combined application. Confirm the current fee and payment procedure directly with the tribunal. An unsubmitted online form is not the same as a lodged application. Do not assume that asking about a fee extends a filing deadline; eligibility, timing and remedies depend on the individual case.

Legal check date

Sources checked on 2 November 2026; subsequent changes are not reflected automatically.