Upfront ART Fees for Protection Visas (Subclass 866) Appeals

In a sudden legislative update, the Australian government registered the Migration Amendment (2026 Measures No. 1) Regulations 2026 on Saturday, 31 October 2026. The changes commenced immediately on Sunday, 1 November 2026, with no prior notice. These amendments introduce strict new financial and travel restrictions for Protection Visa (Subclass 866) applicants; one significant change is the Administrative Review Tribunal (ART) process. Here is a breakdown of the major changes and how they may impact your Protection Visa application.

Upfront Fees for ART Review

Previously, Protection Visa applicants who appealed a refusal to the ART only had to pay a review fee if their appeal was unsuccessful (payable within 7 days of the decision).

Under the new regulation 4.31B, applicants must now pay this fee upfront when lodging the review application. If the fee is not paid, and the applicant does not qualify for a waiver, they will be blocked from accessing merits review entirely. The ART fee is AUD 1,863.50 (50% of the current standard ART fee).

The fee is not payable if the applicant is currently in immigration detention, or if the application is combined with another application where the fee has already been paid.

The Department will issue a full refund of the upfront fee if:

The ART varies the decision, sets it aside, or substitutes a new (favourable) decision.
The ART remits the matter to the Department for reconsideration.
The Minister intervenes with a conclusive certificate or a more favourable decision.
The applicant is found not entitled to apply for review, or the decision is deemed non-reviewable.
The application is withdrawn because the applicant died.

Note: The upfront fee applies to reviews of decisions made on or after 1 November 2026.

What This Means for Visa Holders

If you have an inkling that your Protection (SC866) Visa may not have a positive outcome, we highly recommend speaking with Jason Ling or Angela De Silva about your matter to help avoid visa refusal.

Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.

How Can Agape Henry Crux Help

Our principal, Jason Ling (Accredited Specialist in Immigration Law) and, partner, Angela De Silva have experience with highly complex matters. They can help you navigate the best next steps to achieve your visa goals. Speak with Jason for a tailored visa strategy session, professional advice and guidance. At Agape Henry Crux, our team of immigration lawyers work together with our Accredited Specialists in Immigration Law, who specialise in handling highly complex matters. You can book a consultation with one of our lawyers for professional advice by calling 02-8310 5230 or emailing info@ahclawyers.com.

We speak fluent English and Mandarin. If this isn’t your language, we can also help you arrange an interpreter.

Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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