Migration Amendment (2026 Measures No. 1) Regulations 2026
I, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.
Dated 29 October
Sam Mostyn AC
Governor‑General
By Her Excellency’s Command
Tony Burke
Minister for Home Affairs
Contents
1 Name 1
2 Commencement 1
3 Authority 1
4 Schedules 1
Schedule 1—Amendments 2
Part 1—Upfront merits review application fee 2
Migration Regulations 1994 2
Part 2—Other amendments 3
Migration Regulations 1994 3
Part 3—Application provisions 4
Migration Regulations 1994 4
This instrument is the Migration Amendment (2026 Measures No. 1) Regulations 2026.
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
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Column 1 |
Column 2 |
Column 3 |
Provisions |
Commencement |
Date/Details |
1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table |
The day after this instrument is registered. |
1 November 2026 |
2. Schedule 1, Part 1 |
1 November 2026. |
1 November 2026 |
3. Schedule 1, Parts 2 and 3 |
The day after this instrument is registered. |
1 November 2026 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
This instrument is made under the Migration Act 1958.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Part 1—Upfront merits review application fee
1 Regulation 4.31B
Repeal the regulation, substitute:
4.31B Review by the ART—fee, waivers and refunds
Prescribed fee
(1) For the purposes of paragraph 347(2)(c) of the Act, the prescribed fee for an application for review by the ART of a reviewable protection decision is 50% of the amount of the prescribed fee mentioned in subregulation 4.13(1) (as indexed under regulation 4.13A).
Note: The application for review must be accompanied by the prescribed fee: see subsection 347(2) of the Act.
Waiver of prescribed fee
(2) The prescribed fee is not payable in relation to an application for review by the ART of a reviewable protection decision if:
(a) the application is made by a non‑citizen who is in immigration detention; or
(b) the application is combined, in accordance with regulation 4.31A, with another application in respect of which the prescribed fee is paid.
Refund of prescribed fee
(3) The whole of the prescribed fee that has been paid in relation to an application for review by the ART of a decision must be refunded if any of the following apply:
(a) the applicant is not entitled to apply for review by the ART;
(b) the decision is not subject to review by the ART;
(c) the ART decides under section 105 of the ART Act to vary the decision;
(d) the ART decides under subsection 349(2) of the Act to remit a matter in relation to the decision for reconsideration;
(e) the ART decides under section 105 of the ART Act to set the decision aside and substitute a new decision;
(f) the Minister decides under section 339 of the Act to issue a conclusive certificate in relation to the decision;
(g) the Minister decides under subsection 351(1) of the Act to substitute for the decision of the ART a decision that is favourable to the applicant;
(h) the application is withdrawn because of the death of the applicant.
2 Regulations 4.31BA to 4.31C
Repeal the regulations.
3 After paragraph 1302(3)(ba) of Schedule 1
Insert:
(baa) Either:
(i) the applicant has made a valid application for a substantive visa (other than a Protection (Class XA) visa) that has not been finally determined; or
(ii) application has been made, within statutory time limits, for judicial review of a decision in relation to the applicant’s substantive visa application (other than an application for a Protection (Class XA) visa), and the judicial review proceedings (including proceedings on appeal, if any) have not been completed.
(bab) Neither of the following apply:
(i) the applicant has made a valid application for a Protection (Class XA) visa and the application has not been finally determined or withdrawn;
(ii) the applicant has made a valid application for a Protection (Class XA) visa and application has been made for judicial review of a decision in relation to the applicant’s valid application for a Protection (Class XA) visa, and the judicial review proceedings (including proceedings on appeal, if any) have not been completed.
4 Paragraphs 020.212(2)(a) and (3)(a) of Schedule 2
After “is in Australia”, insert “(other than an application for a Protection (Class XA) visa)”.
5 At the end of Subdivision 020.22 of Schedule 2
Add:
Neither of the following apply:
(a) the applicant has made a valid application for a Protection (Class XA) visa and the application has not been finally determined or withdrawn;
(b) the applicant has made a valid application for a Protection (Class XA) visa and application has been made for judicial review of a decision in relation to the applicant’s valid application for a Protection (Class XA) visa, and the judicial review proceedings (including proceedings on appeal, if any) have not been completed.
6 Subclauses 050.613(1) and 050.613A(2) of Schedule 2
Omit “and 8548”, substitute “, 8548, 8564 and 8566”.
7 Subclause 050.616A(1) of Schedule 2
After “8563”, insert “, 8564, 8566”.
8 In the appropriate position in Schedule 13
Insert:
Part 165—Amendments made by the Migration Amendment (2026 Measures No. 1) Regulations 2026
16501 Application and saving provisions
(1) The amendments of regulation 4.31B made by Part 1 of Schedule 1 to the Migration Amendment (2026 Measures No. 1) Regulations 2026 apply in relation to an application for review of a decision made on or after the commencement of that Part.
(2) Regulations 4.31B and 4.31C, as in force immediately before the commencement of that Part, continue to apply on and after that commencement in relation to an application for review of a decision made before that commencement.
(3) The amendments made by Part 2 of Schedule 1 to the Migration Amendment (2026 Measures No. 1) Regulations 2026 apply in relation to an application for a visa made on or after the commencement of that Part.
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