Protection visa changes from 1 November 2026: the upfront review fee, Bridging B and Bridging E explained

New rules for people applying for a Protection visa started on 1 November 2026. If your Protection visa is refused, you now have to pay a fee upfront to ask the Administrative Review Tribunal (ART) to review the decision. You can no longer get a Bridging B visa to travel overseas and come back while your application is pending. The Minister can also again place two behaviour conditions on certain Bridging E visas.

The changes are made by the Migration Amendment (2026 Measures No. 1) Regulations 2026 (F2026L01448). These Regulations were made on 29 October 2026, registered on 31 October 2026 and commenced on 1 November 2026. This guide explains what changed, who is affected, what applications made before 1 November mean for you, and what to do now.

What changed: the three changes at a glance

Who the changes affect

The changes apply to people who have applied for a Protection (Class XA) visa, which is the permanent Protection visa (subclass 866). They are most relevant to you if:

• your Protection visa has been refused or cancelled, and you are thinking about applying to the ART for review;
• you have been told that a protection finding about you will no longer be made (a decision under section 197D of the Migration Act);
• you are waiting for a Protection visa decision, or for the outcome of a review or court case, and you want to travel overseas;
• you are applying for, or have been granted, a Bridging E visa.

The Department of Home Affairs says the aim is to discourage Protection visa applications and review applications that have little chance of success. It says the changes are also meant to help people with genuine protection claims get faster decisions.

The upfront review fee

If you apply to the ART on or after 1 November 2026 for review of a protection decision, your application must include the fee. Under the Migration Act, an application that does not include the required fee is not valid (section 347). The ART’s online form will not let you submit until the fee is paid, unless the fee does not apply to you.

The fee applies to 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.

The ART says the fee applies to review of “most” protection decisions. Some protection decisions, such as refusals on character grounds, follow a different review pathway.

How much it is

The fee is $1,863.50. The Regulations set it at 50% of the standard ART fee for migration decisions, which is currently $3,727 (regulations 4.13 and 4.31B). The fee is indexed every year under regulation 4.13A, so check the ART’s current fee before you apply.

For most migration decisions, the ART can cut the fee by 50% if paying it would cause financial hardship. That reduction is not available for protection reviews. The ART says it cannot reduce or waive the protection review fee.

When you do not have to pay

The fee is not payable if:

• you are a non-citizen in immigration detention when you apply; or
• your application is combined, under regulation 4.31A, with another application for which the fee has been paid (regulation 4.31B(2)).

When you get the fee back

The whole fee must be refunded if any of the following happen (regulation 4.31B(3)):

• the ART sets aside the decision and substitutes a new decision, or varies it;
• the ART sends the matter back (remits it) to the Department to be decided again;
• the Minister substitutes a decision that is more favourable to you for the ART’s decision (section 351);
• you were not entitled to apply for review, or the decision could not be reviewed by the ART;
• the Minister issues a conclusive certificate about the decision (section 339);
• the application is withdrawn because the applicant has died.

If your review is unsuccessful, you do not get the fee back. Withdrawing your application will also usually mean the fee is lost, because the only withdrawal that leads to a refund is withdrawal because the applicant has died.

If you applied for review before 1 November 2026

The new fee rules do not apply to review applications lodged with the ART before 1 November 2026. Those reviews stay under the old rules. No fee was payable when you applied, but you will generally have to pay the fee if your review is unsuccessful. If you are successful, in most cases no fee is payable. If you do have to pay, the ART will send an invoice that must be paid within 7 days.

Timing matters. The ART has confirmed that an online application started before 1 November 2026 but not submitted by 12:00 am AEDT on Sunday 1 November 2026 must be started again, and the upfront fee paid before it can be submitted.

Time limits for applying to the ART are strict, and the ART cannot extend them. Your decision letter will tell you the deadline. Do not let the new fee cause you to miss it. Our ART appeal process guide explains what happens after you apply.

Bridging B visa changes: no travel while a Protection visa is pending

A Bridging B visa (subclass 020) lets someone waiting on a visa application in Australia travel overseas and return. From 1 November 2026, a person with a Protection visa application can no longer use it. Under the amended Regulations:

• You cannot make a valid application for a Bridging B visa if you have made a valid Protection visa application that has not been finally determined or withdrawn. This includes while ART review is under way. It also includes while judicial review of a decision on your Protection visa application is under way (Schedule 1, item 1302(3)(bab)).
• A Bridging B application must now be linked to a valid application for a substantive visa other than a Protection visa (item 1302(3)(baa)).
• The same rules have been added to the criteria for grant, and they must be met at the time of decision (Schedule 2, clauses 020.212 and 020.224).
• This applies even if you have also applied for another visa, such as a partner or skilled visa. While your Protection visa application is still pending, you cannot get a Bridging B visa, even on the back of the other application.

The explanatory statement to the Regulations spells out the practical effect. A Protection visa applicant who does not hold a substantive visa will not be able to get a bridging visa with permission to travel. If they leave Australia, they will not be able to return.

Bridging B applications and travel already granted

These changes apply to Bridging B applications made on or after 1 November 2026. The Department of Home Affairs says Bridging B applications lodged before 1 November 2026 will still be processed. It also says that if you already hold a Bridging B visa and its travel period has ended, you cannot apply for another Bridging B visa or ask for more travel.

If you hold a Bridging B visa that still allows travel, check the exact dates on your grant notice and get advice before you book. Our guide to bridging visas explains how the different bridging visas work.

Bridging E visa conditions 8564 and 8566

The Regulations restore the Minister’s power to impose two conditions on certain Bridging E visas (subclass 050):

• Condition 8564: the holder must not engage in criminal conduct.
• Condition 8566: a holder who has signed the Code of Behaviour must comply with it.

According to the explanatory statement, changes made in 2024 by the Migration Amendment (Cessation and Grant of Bridging Visas) Regulations 2024 accidentally removed this power for three kinds of Bridging E grant:

• grants by the Minister personally under section 195A;
• grants to Protection visa applicants;
• grants to applicants for a substantive visa who are asking for permission to work.

The Regulations restore it by amending clauses 050.613, 050.613A and 050.616A of Schedule 2. The conditions only apply if they are imposed on the particular visa when it is granted. Imposing them is up to the decision-maker; it is not automatic.

A breach of either condition can lead to the Bridging E visa being cancelled. Cancellation is also not automatic, and the individual circumstances are taken into account. Before cancelling, the Department must send a notice of intention to consider cancellation and give the holder a chance to respond (section 119). If a Bridging E visa is cancelled and the person holds no other visa, they become an unlawful non-citizen and may be detained. Our Bridging E visa and visa cancellation pages explain the process and your response options.

What applicants should do now

• If your Protection visa has been refused or cancelled, note the review deadline in your decision letter straight away. Get advice on whether review is likely to succeed before you pay the $1,863.50 fee. Remember that the fee usually cannot be reduced, and you only get it back in the cases listed above.
• Check whether you are exempt. If you are in immigration detention, or your application can be combined with another application for which the fee has been paid, the fee is not payable.
• If you lodged your review before 1 November 2026, you are under the old rules. Keep your contact details up to date with the ART so you receive any invoice, and be ready to pay within 7 days if one is issued.
• Do not travel without advice if you have a Protection visa application, ART review or court case pending. Without a valid Bridging B visa or another substantive visa that allows re-entry, you may not be able to come back to Australia.
• If you hold a Bridging E visa, read your grant notice and check whether condition 8564 or 8566 has been imposed. Get advice straight away if you are charged with an offence or receive a notice of intention to consider cancellation.
• Consider all your options. Depending on your circumstances, another visa, judicial review or ministerial intervention may be relevant. Each has its own rules and time limits.

Every case turns on its own facts. Do not assume that the old rules still apply to you, and do not assume the new rules do either. Check your position against the dates above. If cost is a barrier, the ART lists free legal help for protection review applicants from refugee and immigration legal assistance providers.

Key dates

Talk to Rise about a Protection visa or ART review

Our protection visa team advises on Protection visa applications, and our ART appeals team prepares review applications. We can also advise on bridging visas, travel and visa conditions. If you have received a refusal or cancellation, or are planning to travel while your application is pending, book a consultation as soon as possible so we can check your deadline and your options.

Sources

• Federal Register of Legislation, Migration Amendment (2026 Measures No. 1) Regulations 2026 (F2026L01448), as made, sections 1 to 4 and Schedule 1, items 1 to 8, checked 3 November 2026.
• Federal Register of Legislation, Explanatory Statement to F2026L01448, including the Statement of Compatibility with Human Rights, checked 3 November 2026.
• Administrative Review Tribunal, Upcoming fee changes for protection reviews (31 October 2026) and Upfront fees now apply for most reviews of protection decisions (1 November 2026), checked 3 November 2026.
• Administrative Review Tribunal, Fees and Immigration and citizenship, checked 3 November 2026.
• Department of Home Affairs, Bridging visa B (subclass 020) notice for Protection visa applicants, checked 3 November 2026.