What has changed
The Migration Amendment (2026 Measures No. 1) Regulations 2026 (F2026L01448) were registered on 31 October 2026. They make three changes to the Migration Regulations 1994.
1. Upfront ART fee for protection decisions. The fee for Administrative Review Tribunal (ART) review of a reviewable protection decision is 50% of the standard migration review fee. At commencement this is $1,863.50, and it is indexed each year. Previously the fee was only payable within 7 days after the ART notified its decision, and not at all if the matter was remitted. It must now be paid when the review application is lodged.
The fee is not payable by applicants in immigration detention, or where the application is combined with another application for which the fee has been paid. A full refund applies in limited cases, including where the ART sets aside, varies or remits the decision, or the Minister substitutes a more favourable decision.
2. No Bridging B visa while a protection visa is pending. A Bridging B (BVB) application can no longer be validly made, or granted, while the applicant has a Protection (Class XA) visa application that is not finally determined, or judicial review of that decision is still underway. The BVB must now be linked to a substantive visa application other than a protection visa.
3. Bridging E visa conditions. The Minister can again impose condition 8564 (no criminal conduct) and condition 8566 (Code of Behaviour) on certain Bridging E visas, restoring a power the Explanatory Statement says was unintentionally removed in 2024.
Who it affects
- Protection visa applicants who receive a refusal on or after 1 November 2026 and want ART review.
- Protection visa applicants who were planning to travel overseas on a Bridging B visa.
- Some Bridging E visa holders.
When it starts
The upfront fee applies to review applications for protection decisions made on or after 1 November 2026. If the decision was made before 1 November 2026, the previous fee rules continue to apply. The Bridging B and Bridging E changes commenced on 1 November 2026, the day after registration.
What you should do now
- If you have received a protection visa refusal, check the decision date carefully. ART review deadlines are strict, and for newer decisions you will need the fee ready at lodgement.
- If you hold a protection visa application and were planning to travel, do not assume a Bridging B visa will be available. Leaving Australia without a valid visa to return can have serious consequences.
- Get advice before lodging a review so the fee is not spent on an application with no realistic prospect.
Source
- Federal Register of Legislation - Migration Amendment (2026 Measures No. 1) Regulations 2026 (F2026L01448) and its Explanatory Statement
This article is general information only and is not migration advice. Your circumstances may differ. To discuss your situation with a registered migration agent, book your consultation with Nanak Migration Group.