The Australian Government has introduced major changes for people applying for protection visas, with the Migration Amendment (2026 Measures No. 1) Regulations 2026 commencing on 1 November 2026 and only a short lead-up period before they took effect.
The key changes are:
- Upfront ART review fee
If an applicant seeks merits review of a refusal or cancellation of a protection visa decision, they must now pay an upfront Administrative Review Tribunal (ART) fee of AUD 1,863.50. The fee will be refunded if the applicant is successful. People in immigration detention are exempt from paying the fee.
- No access to Bridging Visa B
Applicants for a Protection (Class XA) visa including those pursuing merits review or judicial review can no longer make a valid application for, or be granted, a Bridging Visa B. This is a major policy change. It significantly restricts applicants’ ability to pursue alternative visa options from offshore, narrowing their immigration pathways.
- Travel restrictions while protection matters are unresolved
As a result, protection visa applicants will generally lose access to any bridging visa that allows travel. If they leave Australia while their protection matter is still ongoing, they may not be able to return.
- Additional conditions for certain Bridging Visa E holders
The Minister’s discretion to impose visa condition 8564 (must not engage in criminal conduct) and visa condition 8566 (Code of Behaviour) on certain Bridging Visa E grants has been reinstated. If those conditions are breached, the visa may be cancelled.
The Explanatory Statement indicates the reforms are designed to strengthen the integrity of the protection visa system, discourage unmeritorious applications, and keep protection pathways focused on applicants with genuine protection needs.
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