The federal government has quietly introduced an upfront fee of $1863.50 for asylum seekers appealing protection visa refusals, a move it says aims to deter unmeritorious claims but which a refugee advocate warns could intimidate genuine refugees with limited means.
The charge, which took effect on November 1, was uploaded to the Administrative Review Tribunal (ART) website at the weekend after the regulation was made on October 29. Legal services assisting refugees were informed of the change on Sunday, the same day it was introduced.
The government says the fee is needed because too many people appeal without valid grounds. Home Affairs Minister Tony Burke said in a statement that of those who appeal, 85 per cent are found not to owe protection obligations, and that fewer than 20 per cent of that group had been paying the previous fee of $2293, which was charged only if an appeal failed. Under the new system, successful appellants will be refunded in full.
But Jana Favero, deputy chief executive of the Asylum Seeker Resource Centre, said the fee would punish genuine refugees, many of whom are already skipping meals or going without essential medications. "Nobody's right to challenge a government decision that could put their life in danger should depend on how much money they have in their bank account," she said.
Data from the ART shows it had 34,546 protection visa appeals in its caseload at the end of September, with a median processing time of one year and 37 weeks. Of the 6729 cases dealt with in the first three months of the financial year, 4778 rejections were upheld and 521 were overturned; the rest were withdrawn or had another issue.
Home Affairs data indicates about four in five onshore asylum claims are unsuccessful, and more than 111,000 people now live in Australia with a failed protection visa claim, nearly 35,000 of whom are contesting their refusal at the tribunal. The backlog has become a headache for the Albanese government as the Coalition and One Nation pursue the issue of “visa overstayers.”
Burke had reportedly been considering tougher measures for asylum applicants ahead of an anticipated National Press Club address in September, including restricting work rights and setting a deadline on applications, but did not proceed as some protests were raised within Labor and the Coalition refused to co-operate. His crackdown instead focused on working holidaymakers and student family visas.
Former immigration department official Abul Rizvi said the government would be nervous that tightening other parts of the migration system could lead to an influx of asylum claims, because asylum claims could become the only pathway left for people who have exhausted their visa options to extend their stay in Australia. “Even a 10 per cent increase is substantial from a cost perspective, and difficult both administratively and politically,” he said.
Analysis
Why this matters
- The upfront fee could deter genuine refugees with limited financial means from challenging flawed decisions, potentially putting their safety at risk.
- It is the latest in a series of migration crackdowns by the Albanese government, which could shift pressure toward asylum claims as other visa pathways close.
- The change could affect the large backlog of protection visa appeals at the ART, either by reducing unmeritorious claims or by creating new barriers for legitimate ones.
Background
Australia's protection visa system has long been used by some migrants as a way to extend their stay, with applications and appeals able to take years. The government has been under political pressure over the number of people living in Australia with failed claims, which exceeds 111,000. The new fee replaces a system where appellants paid only if their appeal failed, with a lower upfront charge that is refunded on success.
Key perspectives
- Home Affairs Minister Tony Burke: says the change is necessary because 85 per cent of appeals are found to lack merit and fewer than 20 per cent had been paying the old fee; the new upfront payment, lower fee and full refund for successful applicants will make the system faster for genuine asylum seekers.
- Asylum Seeker Resource Centre deputy chief executive Jana Favero: says the fee punishes genuine refugees, many of whom are skipping meals or going without medication, and that the right to challenge a decision affecting one's safety should not depend on financial means.
- Former immigration department official Abul Rizvi: says tighter onshore policy could lead to a breakout in asylum applications, which would be costly and difficult both administratively and politically.
What to watch
- Whether the number of protection visa appeals drops significantly in the coming months, which would indicate the fee is deterring unmeritorious claims or discouraging genuine ones.
- Potential legal challenges or public backlash from refugee advocacy groups over the fee's impact on access to justice.
- Further migration policy announcements from the government, given Burke's earlier consideration of restricting work rights and setting application deadlines.
Checked
12 claims in this story checked against 1 source: 12 supported.
Show each claim
- SupportedThe federal government introduced an upfront fee of $1,863.50 for asylum applicants appealing visa refusals.The Age - Latest News: “The new rules, uploaded to the ART website at the weekend, will make all appellants pay $1863.50 upfront”
- SupportedThe fee is intended to deter unmeritorious claims.The Age - Latest News: “The federal government has quietly started charging asylum applicants more than $1800 to appeal their visa refusals, in a move that aims to deter dodgy claims”
- SupportedJana Favero warned that the fee could intimidate genuine refugees with limited means.The Age - Latest News: “risks intimidating genuine refugees with less money in the bank”
- SupportedThe fee took effect on November 1.The Age - Latest News: “The federal register of legislation shows Burke’s new regulation was made last week on October 29, days before coming into effect on November 1.”
- SupportedLegal services assisting refugees were informed of the fee change on Sunday, the day it was introduced.The Age - Latest News: “Legal services that assist refugees and asylum seekers were only informed of the new appeal fee on Sunday, the same day the $1863.50 charge was introduced.”
- SupportedBurke said 85 per cent of those appealing were found not to be owed protection obligations, and fewer than 20 per cent of that group had been paying the previous fee.The Age - Latest News: ““Sadly, 85 per cent of those who appeal the decision are found not to be owed protection obligations and, of those, less than 20 per cent have been paying,” he said in a statement.”
- SupportedThe previous $2,293 fee was charged only when an appeal failed, and successful appellants under the new system will receive a full refund.The Age - Latest News: “Until this month people were charged $2293 if their appeals failed”
- SupportedFavero said, “Nobody's right to challenge a government decision that could put their life in danger should depend on how much money they have in their bank account.”The Age - Latest News: ““Nobody’s right to challenge a government decision that could put their life in danger should depend on how much money they have in their bank account.””
- SupportedAt the end of September, the ART had 34,546 protection visa appeals in its caseload and a median processing time of one year and 37 weeks.The Age - Latest News: “Latest data from the ART website shows the tribunal had 34,546 protection visa appeals in its caseload at the end of September, which were taking a median of one year and 37 weeks to process.”
- SupportedIn the first three months of the financial year, the ART upheld 4,778 visa rejections and overturned 521 of 6,729 cases it dealt with; the others were withdrawn or had another issue.The Age - Latest News: “Of the 6729 cases that the tribunal dealt with in the first three months of this financial year, 4778 visa rejections were upheld, while 521 were overturned. The remaining cases were either withdrawn or had another issue.”
- SupportedMore than 111,000 people in Australia have a failed protection visa claim, and almost 35,000 are contesting their refusal at the ART.The Age - Latest News: “the number of people now living in Australia with a failed protection visa claim exceeds 111,000, according to Home Affairs data. Almost 35,000 of those people are currently contesting their visa refusal at the Administrative Review Tribunal (ART).”
- SupportedRizvi said even a 10 per cent increase in asylum claims would be substantial in cost and difficult administratively and politically.The Age - Latest News: ““Even a 10 per cent increase is substantial from a cost perspective, and difficult both administratively and politically,” he said.”