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Protection reviews at the ART: the new upfront fee from 1 November 2026

ART now lists a $1,863.50 upfront fee for most protection reviews. Check the decision type, exceptions, refunds and cases spanning the November change.

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The Administrative Review Tribunal (ART) has announced an upfront fee for most protection reviews from 1 November 2026. Under ART’s current guidance, applicants need to address payment when preparing the review application, rather than generally leaving it until the outcome.

Before applying, check the decision type, the relevant dates and whether a specified no-fee exception applies. A fee payment does not establish that a decision is reviewable or that the applicant has met the review deadline.

How much is the upfront protection review fee?

ART currently lists the fee as $1,863.50, payable when applying for a covered protection review. Its current online guidance says an application cannot be submitted without payment unless the fee does not apply.

This is the protection-review fee, not the fee for every migration or character review. Cases involving a decision made before the change but a review application lodged afterwards need the separate timing check explained below.

Which decisions does the announcement cover?

ART’s announcement covers reviews of decisions refusing or cancelling a Protection visa. It also includes a decision under section 197D of the Migration Act that a protection finding would no longer be made about a person.

The statutory basis of the decision matters. Some character-related decisions involving a Protection visa use a separate review pathway and fee framework. Do not select a process simply because the visa is labelled “Protection”.

The Department of Home Affairs (Home Affairs) decision notice should identify the review rights. Not every cancellation can be reviewed by ART, and the right person must apply.

Who does not have to pay this fee?

No fee is payable in the specified circumstances: if the applicant is a non-citizen in immigration detention when applying, or the application is validly combined with another application for which the prescribed fee is paid.

For the combined-application exception, the applications must qualify for combination under the relevant rules. Several family members wanting reviews does not, by itself, establish that only one fee is payable.

These are specific exceptions, rather than a general ability to defer payment or obtain a discount.

Can financial hardship reduce the protection fee?

ART says it cannot reduce or waive this protection-review application fee on a general financial-hardship basis. Reduction arrangements shown for other review types should not be assumed to apply here.

That is different from the specified circumstances in which no fee is payable, such as the immigration-detention exception. Identifying the correct decision category and any applicable exception needs to happen before relying on a different payment arrangement.

How do cases around 1 November fit into the change?

ART’s published guidance says protection reviews lodged before 1 November 2026 were not subject to an upfront fee. Under that guidance, an unsuccessful review generally leads to a later fee, while a successful review usually does not.

Starting an online form is not the same as submitting it. ART says an unfinished form not submitted before the change must be restarted, with the applicable upfront fee paid before submission.

If the Home Affairs decision was made before 1 November but the review is being lodged afterwards, have the transitional position checked using both dates. This article does not determine the fee treatment of that cross-over case. Clarify the applicable requirements before relying on an assumption about payment. An earlier decision should not be treated as an automatic exemption from the upfront fee.

When is a full refund available?

The fee is refundable in full when a prescribed refund ground is met. ART’s current fees guidance lists cases where the application is invalid, the decision is varied, the matter is sent back to Home Affairs for reconsideration, or ART sets aside and substitutes a new decision. It also identifies a favourable substituted decision by the Minister.

The regulation includes further specified grounds, including that the applicant was not entitled to seek the review or the decision was not reviewable. The applicable statutory ground should be checked against the actual outcome.

A refund is not the same as a visa grant. In particular, sending a matter back to Home Affairs means reconsideration, rather than an automatic approval of the visa.

Will withdrawing the review get the fee back?

Ordinary withdrawal does not automatically produce a refund. ART describes withdrawal refunds as available only in very limited circumstances, including withdrawal following the death of a review applicant.

Withdrawal also affects the review itself. ART’s current factsheet says a validly withdrawn application is treated as dismissed, the decision under review remains unchanged and the Tribunal cannot take further action on that application. Withdrawal should therefore be assessed for its effect on the case, rather than treated as a simple way to recover the payment.

Does the fee change give you more time to apply?

The fee change does not provide a new general review period. The applicable time limit depends on the decision and circumstances; check the decision notice and the correct ART review category.

Prepare the application and any required payment within the applicable timeframe. Payment alone does not create a right of review, and a saved online draft should not be treated as confirmation that an application has been lodged.

What should you prepare before applying?

Keep the decision and application records together so the correct fee and process can be checked:

  • The complete decision notice, statutory provision and notification details.
  • The decision date, intended or actual review-lodgement date and applicable deadline.
  • Whether the matter falls within protection review or a separate character-related pathway.
  • Evidence of any claimed immigration-detention or combined-application exception.
  • The application confirmation and payment receipt, if a fee is payable.
  • Any outcome or withdrawal documents relevant to a possible refund.

Where the decision and review fall on different sides of 1 November, clarify the transitional treatment before relying on an assumption about payment.

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CONSULTATION

Preparing to seek ART review of a Protection decision?

Hans Immigration Services can review your decision notice, the decision and review-application dates, and the fee requirements relevant to your circumstances. Bring the full notice, notification details, any application or payment records and information supporting a claimed exception. We can discuss what needs to be checked before applying or making a decision about withdrawal.

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