With significant regulatory reforms having commenced under the Migration Regulations 1994, there will be impacts to onshore protection applicants, their travel rights, and tribunal review procedures. The Department of Home Affairs has enacted legislative amendments altering how Bridging visa B applications are managed for protection claimants, alongside new upfront filing fee requirements at the Administrative Review Tribunal (ART).
Understanding these amendments is critical for anyone currently holding or seeking a Subclass 866 Protection visa, as inadvertent travel or procedural oversights can carry severe immigration consequences.
Bridging Visa B Restrictions for Protection Visa (Subclass 866) Applicants
Commencing 1 November 2026, applicants awaiting an outcome on a Subclass 866 Protection visa can no longer apply for a Subclass 020 Bridging visa B (BVB) to travel overseas and re-enter Australia.
Under the updated provisions, an applicant who has an active Subclass 866 application is barred from lodging a valid application for a BVB and cannot be granted a bridging visa that confers travel rights. This restriction remains in place through-out all stages of the process, regardless of whether the applicant is currently seeking merits review by the ART, or judicial review by the Federal Courts.
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For BVB applications submitted prior to 1 November 2026, the Department of Home Affairs has confirmed that the previous provisions will apply to those applications. However, if an individual already possesses a BVB and their current approved travel entitlements expire, they may make no future application for a BVB, nor request any further extensions to their travel entitlements. If such an individual departs Australia without having a travel entitlement attached to a valid bridging visa, their BVB will cease immediately upon departure from Australia. Consequently, the individual would then be located outside of the migration zone, and as such will have no lawful entitlement to return to Australia.
Upfront Application Fees for Protection Reviews at the Administrative Review Tribunal
Parallel amendments have also taken effect regarding merits review procedures. Effective 1 November 2026, applicants seeking review of an adverse protection decision at the ART must pay an upfront lodgement fee of $1,863.50.
This mandatory upfront payment applies directly to:
- A decision made by a delegate of the Minister to refuse or cancel a protection visa.
- A decision made under s 197D of the Migration Act 1958 determining that a protection finding would no longer be made about an individual.
Additionally, online application portals will not permit submission unless the required fee is successfully processed or an exemption formally applies.
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Who Does Not Need to Pay a Fee?
The updated legislation recognises narrow circumstances in which an applicant is exempt from paying the upfront fee. An exemption applies where:
- The applicant is an unlawful non-citizen currently held in immigration detention.
- The application for review is formally combined with another application where the statutory review fee has already been paid.
Outside these specific criteria, applicants must ensure fee availability at the time of filing to avoid an invalid review application.
Can You Receive a Refund for Application Fees?
While the application fee is now mandatory at lodgement, there are full refunds are available under specific outcomes:
- If the applicant is successful in their review before the ART. For example, where the decision to refuse or cancel the visa is set aside or remitted back to the Department of Home Affairs.
- If it is determined by the ART that the application is invalid.
For applications lodged on or after 1 November 2026 that are subsequently withdrawn by the applicant, the ART can only refund the application fee under exceptionally limited legal circumstances.
Online Applications Commenced Prior to 1 November 2026
The transition rules create a strict distinction between saved drafts and formally submitted applications:
- Drafts That Have Not Been Submitted: If an online review application was started prior to 1 November 2026 but not fully submitted before 12:00 am (AEDT) on Sunday, 1 November 2026, that draft cannot be submitted under the former system. The applicant must initiate a new application and pay the upfront fee of $1,863.50.
- Applications Lodged Prior to 1 November 2026: Applications properly lodged with the Tribunal before the deadline remain governed by the earlier transitional arrangements. Under those arrangements, no upfront fee was required at lodgement; however, if the review is ultimately unsuccessful, the applicant will receive an invoice from the ART requiring payment within seven days. If the review is successful, no fee is payable.
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Chúng tôi có thể hỗ trợ quý khách như thế nào trong quá trình xin thị thực
These changes can have very real impacts on those navigating substantive visa refusals, tribunal proceedings, and bridging visa conditions. Under these new regulations, a procedural mistake, such as travelling overseas without the appropriate visa or failing to validly lodge an ART review application within strict statutory deadlines can directly extinguish your lawful status and jeopardise your matter.
Our team at Australian Migration Lawyers focuses on delivering our clients with legal advice that encompasses the changing migration landscape. This may help you navigate these changes and ultimately, maximise your chances of success in complex protection and administrative review proceedings. Our team provides thorough representation before the ART and assist with managing your ongoing visa status to avoid non-compliance.
Contact us today to speak about how we may be able to assist with your particular situation.
Những câu hỏi thường gặp
Can I travel overseas while my Subclass 866 Protection visa application is pending?
Protection Visa applicants are no longer eligible to submit an application or receive a subclass 020 Bridging visa B to allow them to travel internationally once their protection visa application has been decided from 1 November 2026. If you have either a Bridging visa A or C and leave Australia, your bridging visa will automatically cancel when you exit. Therefore, you would likely not be able to enter back into Australia after exiting.
What happens if I lodged my Bridging visa B application before 1 November 2026?
The Department of Home Affairs has stated that applications for a BVB lodged before 1 November 2026 will continue to be processed under the previous rules. However, it is strongly recommended that those who have seek legal guidance before planning any international travel to verify the precise conditions attached to your grant notice.
What is the deadline for paying the new ART protection review fee?
With regards to these changes, those seeking a review of a Protection Visa decision by the ART must make the required fee of $1863.50 when filing a request for review through the ART online portal. Failure to pay the required fee at the time of submission will cause most applications to be deemed invalid except where there exists one of two specific statutory exemptions.
Do I get the ART review fee back if my application is successful?
Yes. If your review before the Administrative Review Tribunal is successful, or if the Tribunal determines that the application was invalid, you are entitled to a full refund of the $1,863.50 fee. Refunds for withdrawn applications are available only in very limited circumstances.
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