Merits review fee rules have changed for protection visa applicants. From 1 November 2026, anyone asking the Administrative Review Tribunal (ART) to review a protection visa decision must pay the fee upfront, rather than only if they lose.
The changes come from the Migration Amendment (2026 Measures No. 1) Regulations 2026. They were registered on the Federal Register of Legislation on 31 October 2026 and took effect the following day. They amend the Migration Regulations 1994, are made under the Migration Act 1958, and are administered by the Department of Home Affairs.
What the merits review fee amendment covers
Part 1 of Schedule 1 replaces the old fee rules with a new upfront merits review application fee. Before this, applicants generally had to pay only if the Tribunal ruled against them, and in practice the fee was rarely collected. Now it must be paid when the application is lodged.
The fee is set at 50% of the standard review fee in regulation 4.13(1). According to the Explanatory Statement, that comes to $1,863.50 at commencement, and it will be indexed each year.
There are a few exceptions to the merits review fee. People in immigration detention don’t have to pay it. Nor is it payable where the application is combined with another application for which the fee has already been paid. The fee is refunded in full in certain situations. Examples are when the Tribunal varies or sets aside the decision, when it sends the decision back for reconsideration, or when the Minister substitutes a more favourable decision. It is also refunded if the decision turns out not to be reviewable by the Tribunal.
Who is affected by the new merits review fee
The upfront merits review fee applies to applications for review of protection visa decisions made on or after 1 November 2026. If your decision was made before that date, the old rules still apply.
The government says the fee is meant to discourage applications without merit and to recover some of the cost of running reviews. For people on low incomes, though, finding nearly $1,900 at short notice could be a real hurdle, so it’s worth getting advice early.
Other changes in the same instrument
The amendments go beyond fees. Part 2 tightens eligibility for the Bridging B visa. Applicants now generally need a valid substantive visa application (other than a protection visa) that hasn’t been finally decided, or a related judicial review. Part 2 also restores the power to impose conditions 8564 (no criminal conduct) and 8566 (Code of Behaviour) on certain Bridging E visas. These changes apply to visa applications made on or after 1 November 2026.
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General information only, not legal advice. Check the official source before acting.
Source: Federal Register of Legislation. Licence: CC BY 4.0.
