Australia changed two important rules affecting Protection visa applicants from 1 November 2026.
The first affects travel. People with an unresolved Protection (Class XA) visa matter can no longer make a new application for a Bridging Visa B (BVB) to leave Australia and return while that matter is still being decided.
The second affects review costs. Most people applying to the Administrative Review Tribunal (ART) for review of a Protection visa decision must now pay $1,863.50 upfront when lodging the review.
Both changes were introduced through the Migration Amendment (2026 Measures No. 1) Regulations 2026, which commenced on 1 November 2026.
What Changed on 1 November 2026?
| Change | New position |
|---|---|
| Bridging Visa B for Protection visa applicants | New BVB applications are no longer available while a Protection visa matter remains unresolved |
| BVB applications lodged before 1 November | Home Affairs says these will still be processed |
| ART protection-review fee | $1,863.50 upfront for most affected reviews |
| Fee reduction for financial hardship | Not available for this protection-review fee |
| Successful ART review | Full refund generally applies |
| Applicant in immigration detention | No upfront protection-review fee |
| Review lodged under earlier fee arrangements | Transitional rules may apply |
New Bridging Visa B Restrictions for Protection Visa Applicants
A Bridging Visa B is normally important because it is the bridging visa that can allow a person to leave Australia and return during an approved travel period while an immigration matter is being decided.
The rules are now different for Protection visa applicants. The Migration Regulations have been amended so that a person cannot make a valid BVB application where they have a Protection (Class XA) visa application that has not been finally determined or withdrawn.
The restriction also extends to Protection visa applicants pursuing review processes, including merits review or judicial review of an adverse Protection visa decision.
Home Affairs now states that a person awaiting the outcome of a Protection visa matter with the Department, ART or a court is not eligible for a BVB.
What Happens if You Need to Travel?
This change is particularly important for Protection visa applicants considering overseas travel. Home Affairs states that people waiting for a Protection visa outcome cannot obtain a BVB to travel outside Australia and return.
Protection visa applicants may instead hold or apply for another type of bridging visa depending on their circumstances, such as a Bridging Visa A or Bridging Visa C, but these visas do not provide a travel facility allowing the holder to leave Australia and return.
Leaving Australia without a visa that permits re-entry can therefore have serious consequences. Applicants should check their current visa status and travel rights before making any travel arrangements.
What if You Already Applied for a BVB Before 1 November?
The new restriction is not intended to cancel BVB applications that were already lodged before the change commenced.
Home Affairs states that it will continue processing BVB applications lodged before 1 November 2026.
The legislation also provides that the new BVB amendments apply to visa applications made on or after commencement.
If a Protection visa applicant already holds a BVB with a valid travel period, they should check the visa grant notice and VEVO carefully before travelling.
Once that BVB travel facility expires, Home Affairs says the person cannot apply for another BVB in connection with the unresolved Protection visa matter.
Why Has the BVB Rule Changed?
The Explanatory Statement says the amendment is intended to prevent Protection visa applicants from using the BVB framework to maintain international travel flexibility while a Protection visa application or review remains unresolved.
The Government’s stated policy position is that restricting BVB access supports the integrity of the Protection visa system while protection claims are being assessed.
For applicants, however, the practical effect is simple:
If your Protection visa matter is still unresolved, you should not assume you can leave Australia and obtain a BVB to return.
New Upfront ART Fee for Protection Visa Reviews
The second major change concerns review applications at the Administrative Review Tribunal.
Under the previous framework, a person seeking merits review of a Protection visa decision generally did not pay the protection-review fee upfront. An unsuccessful applicant could instead become liable for the fee after the Tribunal’s decision.
The new regulations change that approach.
The prescribed protection-review fee must now generally accompany the application for review. The current amount is:
$1,863.50
The fee is set at 50% of the standard migration-review fee and is subject to annual indexation.
Which ART Reviews Attract the Upfront Fee?
The current ART guidance says the upfront fee applies when seeking review of:
- a decision to refuse a Protection visa
- a decision to cancel a Protection visa
- a decision under section 197D of the Migration Act that a protection finding would no longer be made about a person.
If the fee applies, it must be paid when the review application is lodged.
For an online application, the ART says the applicant will generally not be able to submit the application without paying the fee unless an exemption applies.
Who Does Not Have to Pay the Upfront Fee?
The regulations contain two main exemptions.
The fee is not payable where:
- the applicant is a non-citizen in immigration detention, or
- the application is properly combined with another review application for which the fee has already been paid.
Unlike some other ART application fees, the Tribunal says this protection-review fee cannot be reduced or waived because of financial hardship.
That is an important distinction for applicants who may otherwise expect to apply for a reduced ART fee.
Can the $1,863.50 Fee Be Refunded?
Yes, in certain circumstances. The ART states that a full refund is available where the applicant is successful in the protection review or where the Tribunal determines that the review application is invalid.
The regulations also provide for refunds in several specific situations, including where the Tribunal varies the decision, remits the matter for reconsideration, or sets the decision aside and substitutes a new decision.
If the review is unsuccessful, the applicant will generally not receive a refund. Refunds after voluntarily withdrawing a review are available only in limited circumstances.
What About Protection Review Matters Started Before 1 November?
The regulations contain transitional provisions, which are important. The new upfront fee framework applies to reviews of protection decisions made on or after 1 November 2026.
For a protection decision made before commencement, the earlier fee arrangements continue to apply. The ART also advises that applicants who lodged their review before 1 November were not required to pay an upfront fee.
Under the earlier model, an unsuccessful applicant may instead be invoiced after the review outcome and generally has seven days to pay.
Applicants with a decision or review that falls around the commencement date should check which fee regime applies to their specific case rather than assuming the new rule automatically applies.
ART Review Deadlines Still Apply
The new fee does not change the strict time limits for lodging an ART review. The deadline depends on the type of decision and, in some cases, whether the applicant is in immigration detention.
The ART states that it does not have power to extend the statutory time limit for lodging a protection review.
Applicants should therefore check the review deadline stated in the Department of Home Affairs decision letter immediately after receiving a refusal or cancellation decision.
Waiting until the deadline approaches to arrange the fee or obtain advice can create unnecessary risk.
BVB Restriction and ART Fee: What Applicants Need to Know
The two changes affect different stages of the Protection visa process.
If Your Protection Visa Application Is Still Pending
You cannot make a new BVB application to obtain travel rights while the Protection visa matter remains unresolved.
If Your Protection Visa Has Been Refused
If the decision is reviewable and the new fee rules apply, an ART review generally requires payment of $1,863.50 upfront.
If Your Matter Is Already at the ART
The BVB restriction still matters. Protection visa applicants awaiting merits review are included in the new travel restriction.
If You Are Seeking Judicial Review
The BVB restriction also extends to applicants waiting for judicial review proceedings relating to their Protection visa matter.
Before Leaving Australia, Check Your Visa Position
Protection visa applicants should be particularly cautious about overseas travel after these changes.
A Bridging Visa A or C may allow a person to remain lawfully in Australia, but it does not provide the same travel and re-entry rights as a BVB.
Home Affairs warns that a Protection visa applicant who leaves Australia while their application or review is being considered may not be able to return.
Before booking travel, applicants should confirm:
- which bridging visa they currently hold
- whether it has a travel facility
- when any existing BVB travel period expires
- whether their Protection visa application or review remains unresolved
- how departing Australia may affect their ability to return
Protection visa matters can involve strict deadlines and serious travel consequences, so advice should be based on the individual circumstances of the case.
