The process of migrating to Australia can be a daunting task, and the costs can be significant. One of the costs that migrants need to consider is the fee for a review of a migration decision under the Migration Act 1958. Australia’s Administrative Appeals Tribunal (AAT) sets the fees for the migration review, and these fees are subject to change based on the Consumer Price Index (CPI). Recently, there have been changes to the fee structure for migration review applications. In this article, we will explore the changes in migration review fees in Australia.

Overview of the Changes in Migration Review Fees

The AAT has increased the application fee for review of a migration decision under Part 5 of the Migration Act 1958 to $3,374. This fee applies to an application for review of a migration decision lodged on or after 1 July 2023. The fee for the review of a protection visa decision under Part 7 of the Migration Act 1958 has also increased to $2,076. This fee is only payable if the application is not successful. These fee changes are in accordance with regulations 4.13A and 4.31BA of the Migration Regulations 1994.

Fee Reductions for Migration Review Applications

The AAT recognizes that the cost of a migration review application can be a significant burden for some individuals and families. To address this issue, the AAT provides fee reductions for eligible applicants. If an applicant is eligible for a fee reduction, they will only need to pay 50% of the application fee. The reduced fee for review of a migration decision under Part 5 of the Migration Act 1958 is $1,687. This fee reduction also applies to applications for review of migration decisions lodged before 1 July 2023 that were not accompanied by the full prescribed fee or 50% of the prescribed fee and a request for a fee reduction.

Eligibility for Fee Reductions

To be eligible for a fee reduction, applicants must meet certain criteria. The AAT provides fee reductions for applicants who are:

• Receiving a government income support payment
• Experiencing financial hardship
• Representing a non-profit community organisation
• Representing a small business with an annual turnover of less than $10 million
• Representing a primary producer with an annual turnover of less than $5 million.

Applicants who are unsure if they are eligible for a fee reduction should contact the AAT for more information.

How to Apply for a Fee Reduction

To apply for a fee reduction, applicants should complete the Fee Reduction Request Form available on the AAT website. The completed form should be submitted with the application for review of the migration decision. The AAT will assess the fee reduction request and notify the applicant of the outcome. If the fee reduction is granted, the reduced fee must be paid within 28 days of the notification of the decision.

Other Changes in AAT Fees

Apart from the migration review fees, the AAT has also increased the fees for other divisions, such as the General, Freedom of Information, Security, Taxation and Commercial, and Small Business Taxation Divisions. The standard application fee for these divisions has increased to $1,082. The fee for review of a small business taxation decision is $581, while the fee for review of certain other types of taxation decisions is $107. If an applicant is eligible to pay a reduced fee, the fee remains at $100.

Conclusion

The changes in migration review fees in Australia can have a significant impact on individuals and families. It is important to understand the fee structure and eligibility criteria for fee reductions to make the process more affordable. The AAT provides fee reductions for eligible applicants, and the application process is straightforward. If you are considering a migration review application, it is recommended that you explore your options for fee reductions and seek assistance if needed.