(2) If the person (the review applicant) making an application for review of a reviewable migration decision has a copy of the notification of the decision, the prescribed document is a copy of that notification.
(3) If the review applicant does not have a copy of that notification and the review applicant is an individual, the prescribed information is:
(a) the review applicant’s full name; and
(b) the review applicant’s address and contact details; and
(c) the date of the decision (if known to the review applicant) and a description of the decision; and
(d) at least one of the following:
(i) the review applicant’s date of birth;
(ii) the review applicant’s country of birth;
(iii) the review applicant’s citizenship or nationality;
(iv) the country of issue and number of the review applicant’s passport; and
(e) if the decision relates to an application for a visa made by a person (the visa applicant) who is not the review applicant—the information specified in subregulation (5).
(4) If the review applicant does not have a copy of that notification and the review applicant is not an individual, the prescribed information is:
(a) the review applicant’s name; and
(b) the review applicant’s trading name (if any and if different from the review applicant’s name); and
(c) if the review applicant has an ABN (within the meaning of the A New Tax System (Australian Business Number) Act 1999) or ACN (within the meaning of the Corporations Act 2001)—the ABN or ACN; and
(d) the review applicant’s business address; and
(e) the name, position and contact details of a contact person for the review applicant; and
(f) the date of the decision (if known to the review applicant) and a description of the decision; and
(g) if the decision relates to an application for a visa made by a person (the visa applicant) who is not the review applicant—the information specified in subregulation (5).
(5) For the purposes of paragraphs (3)(e) and (4)(g), the following information is specified:
(a) the visa applicant’s full name;
(b) the visa applicant’s address and contact details;
(c) at least one of the following:
(i) the visa applicant’s date of birth;
(ii) the visa applicant’s country of birth;
(iii) the visa applicant’s citizenship or nationality;
(iv) the country of issue and number of the visa applicant’s passport.
4.13 ART review—fees and waiver
(1) Subject to this regulation, the prescribed fee for an application for review by the ART of a reviewable migration decision is $3,496.
Note: The fee in this subregulation is subject to increase under regulation 4.13A.
(2) No fee is payable on the following:
(a) an application for review by the ART of a primary decision of a kind referred to in subsection 338(4) of the Act;
(b) an application, made by a non‑citizen who is in immigration detention, for review by the ART of a decision to which paragraph 4.02(4)(f) applies.
(2A) No fee is payable on an application made by a person (the review applicant) for review of a decision (the decision for review) made by the Minister if:
(a) the decision for review is a refusal to grant the review applicant a visa because the review applicant did not satisfy at least one of the secondary criteria for the grant of the visa; and
(b) that criterion was not satisfied because the Minister had refused to grant a visa to a person (the primary applicant) who:
(i) is a former spouse or former de facto partner of the review applicant; and
(ii) was seeking to satisfy the primary criteria for the grant of that visa; and
(c) in making the decision for review, the Minister was satisfied that the review applicant satisfied a criterion that the review applicant, or another person mentioned in the criterion, has experienced family violence committed by the primary applicant.
Note: For special provisions relating to family violence, see Division 1.5.
(3) If a person combines 2 or more applications for review by the ART in accordance with regulation 4.12, an application fee is payable in respect of only 1 of those applications.
(4) If the ART Principal Registrar, having regard to the review applicant’s income, expenses, liabilities and assets, considers that the payment of the fee mentioned in subregulation (1) would cause, or has caused, financial hardship to the review applicant, the prescribed fee is 50% of the amount mentioned in subregulation (1).
4.13A Annual increases in fees
The fee prescribed by subregulation 4.13(1) is increased, in accordance with regulation 4.13B, on each 1 July starting on 1 July 2025.
4.13B Calculation of increase
(1) If, in a relevant period, the latest CPI number is greater than the earlier CPI number, a fee is taken to increase, on 1 July immediately following the end of the period, in accordance with the formula:
Start formula start fraction Fee times Latest CPI number over Earlier CPI number end fraction end formula
where:
earlier CPI number is the CPI number for the last March quarter before the beginning of the relevant period.
latest CPI number is the CPI number for the last March quarter before the end of the relevant period.
(2) If, apart from this subregulation, the amount of a fee increased under subregulation (1) would be an amount of dollars and cents, the amount is to be rounded to the nearest whole dollar and, if the amount to be rounded is 50 cents, rounded down.
(3) Subject to subregulation (4), if at any time, whether before or after the commencement of this regulation, the Australian Statistician publishes for a particular March quarter a CPI number in substitution for an index number previously published by the Australian Statistician for that quarter, the publication of the later index number is to be disregarded for the purposes of this regulation.
(4) If, at any time, whether before or after the commencement of this regulation, the Australian Statistician changes the reference base for the Consumer Price Index, then, for the purposes of the application of this regulation after the change is made, regard must be had only to numbers published in terms of the new reference base.
(5) In this regulation:
CPI number means the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician.
fee means:
(a) a fee prescribed by subregulation 4.13(1); or
(b) the fee in force at the end of the relevant period if regulation 4.13A applies.
relevant period means a financial year starting on or after 1 July 2024.
4.14 Refund of fees by ART
(1) The table sets out:
(a) circumstances in which all or part of the amount of the fee for an application for review of a decision is to be refunded; and
(b) the amount that is to be refunded.
Item If ... the amount to be refunded is ...
Refunds for financial hardship
1 the applicant has paid the amount mentioned in subregulation 4.13(1) and subregulation 4.13(4) applies 50% of the amount the applicant was required to pay by regulation 4.13
General refunds
2 the applicant is not entitled to apply for review by the ART the amount that the applicant was required to pay by regulation 4.13
3 the decision to which the application relates is not subject to review by the ART the amount that the applicant was required to pay by regulation 4.13
4 the Minister has given a conclusive certificate as mentioned in section 339 of the Act (which deals with conclusive certificates) in relation to the decisionNote: The conclusive certificate certifies that review would be contrary to the public interest. the amount that the applicant was required to pay by regulation 4.13
Refunds after ART decision
5 the decision to which the review relates is set aside or varied 50% of the amount the applicant was required to pay by regulation 4.13
6 the application is remitted to the primary decision‑maker for reconsideration 50% of the amount the applicant was required to pay by regulation 4.13
(2) If an application for review by the ART is withdrawn, the fee paid on the application is to be refunded if the application is withdrawn because:
(a) the death has occurred, since the visa application was made, of:
(i) the applicant for the visa that was the subject of the application; or
(ii) a member of that applicant’s family unit; or
(iii) a review applicant; or
(b) the applicant for the visa that was the subject of the application has been granted a visa of the class applied for otherwise than because the Minister has reconsidered the primary application and the applicant’s score on the reconsideration is more than or equal to the applicable pass mark; or
(c) in relation to an application for a parent visa—the applicant:
(i) applied for another parent visa after lodging the application for review; and
(ii) wants to have a decision made on the application for the other parent visa.
4.15 ART’s power to remit matters with orders
(1) For the purposes of subsection 349(2) of the Act (which deals with the ART’s power to remit):
(a) an application for a visa is a prescribed matter; and
(b) subject to subregulation (4), a permissible order is that the applicant must be taken to have satisfied a specified criterion for the visa.
(1A) For the purposes of subsection 349(2) of the Act:
(a) the following are prescribed matters:
(i) a nomination under subsection 140GB(1) of the Act;
(ii) a nomination referred to in subregulation 5.19(1); and
(b) a permissible order is that the nomination must be taken to have met a specified criterion or requirement for approval under subsection 140GB(2) of the Act or subregulation 5.19(3) (as the case may be).
(2) For the purposes of subsection 349(2) of the Act, the requiring of a security that is mentioned in paragraph 4.02(4)(f) is a prescribed matter.
(3) If the ART remits a prescribed matter that is mentioned in subregulation (2) to the primary decision‑maker, the ART may order the primary decision‑maker:
(a) to indicate to the applicant that a condition specified by the ART will be imposed on the visa if it is granted; and
(b) to require a security for compliance with the condition (whether or not a security has already been required).
(4) If:
(a) a person applies for a Prospective Marriage (Temporary) (Class TO) visa; and
(b) in the period after the Minister’s decision on the application is made and before the application is finally determined, the applicant:
(i) marries the person who was specified in the application as the applicant’s prospective spouse; and
(ii) notifies the ART of the marriage; and
(c) the marriage is recognised as valid for the purposes of the Act; and
(d) the ART decides to remit the application to the Minister for reconsideration;
then, for the purposes of paragraph 349(2)(b) of the Act, the permissible order is that the application must be taken to also be an application:
(e) for a Partner (Migrant) (Class BC) visa and for a Partner (Provisional) (Class UF) visa; and
(f) that is made on the day that the application is remitted to the Minister.
4.16 Statement about decision under review
The number of copies that the Secretary must give to the ART under subsection 352(2) of the Act (which deals with the statement that the Secretary must give to the ART) is 1.
4.27 Prescribed period for making certain decisions (Act, s 367)
For subsection 367(1) of the Act, the prescribed period starts when the application for review is received by the ART and ends at the end of 7 working days after the day on which the application is received.
Note: Subsection 367(1) of the Act provides for the regulations to limit the time in which the ART must review certain decisions on bridging visas.
Division 4.2—Review of reviewable protection decisions
4.28 Application of this Division
This Division applies in relation to the review of reviewable protection decisions.
Note: The review of reviewable migration decisions is dealt with in Division 4.1.
4.31 Prescribed information and documents for review applications
(1) This regulation is made for the purposes of subsection 347(2) of the Act.
(2) If the person making an application for review of a reviewable protection decision has a copy of the notification of the decision, the prescribed document is a copy of that notification.
(3) If the person does not have a copy of that notification, the prescribed information is:
(a) the person’s full name; and
(b) the person’s address and contact details; and
(c) the date of the decision (if known to the person) and a description of the decision; and
(d) at least one of the following:
(i) the person’s date of birth;
(ii) the person’s country of birth;
(iii) the person’s citizenship or nationality or a statement that the person is stateless;
(iv) the country of issue and number of the person’s passport.
4.31A Combined applications for review by the ART
If:
(a) 2 or more applicants have combined their primary applications for a protection visa in a way permitted by Schedule 1 or regulation 2.08, 2.08A, 2.08AAA or 2.08B; and
(b) the Minister’s decisions in respect of 2 or more of those applicants are that protection visas not be granted; and
(c) the Minister’s decisions are reviewable protection decisions;
the applicants referred to in paragraph (b) may combine their applications for review by the ART of the Minister’s decisions.
4.31B Review by the ART—fee and waiver
(1) The prescribed fee for an application for review by the ART of a reviewable protection decision is $2,151.
Note: The fee in this subregulation is subject to increase under regulation 4.31BA.
(2) The fee must be paid within the 7‑day period beginning on the day when:
(a) if the ART’s decision is given to the applicant orally—the applicant is taken, under subsection 368(7) of the Act, to have been notified of that decision; or
(b) otherwise—the applicant is taken, under section 379C of the Act, to have received the notification of that decision.
(3) No fee is payable if the ART remits a matter to which the decision relates with a permissible order under regulation 4.33.
(3AA) No fee is payable for review of a reviewable protection decision if:
(a) the decision was referred to the ART under subitem 35(2) or 37(2) of Schedule 16 to the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024; or
(b) the proceeding for review of the decision was continued and finalised by the ART in accordance with subitem 36(2) of that Schedule.
(3A) No further fee is payable under this regulation if:
(a) a fee has been paid under this regulation; and
(b) following the ART’s determination, the matter in relation to which the fee was paid is remitted by a court for reconsideration by the ART.
(4) If 2 or more applications for review are combined in accordance with regulation 4.31A, only 1 fee is payable for reviews that result from those applications.
4.31BA Annual increases in fees
The fee prescribed by subregulation 4.31B(1) is increased in accordance with regulation 4.31BB, on each 1 July starting on 1 July 2025.
4.31BB Calculation of increase
(1) If, in a relevant period, the latest CPI number is greater than the earlier CPI number, a fee is taken to increase, on 1 July immediately following the end of the period, in accordance with the formula:
Start formula start fraction Fee times Latest CPI number over Earlier CPI number end fraction end formula
where:
earlier CPI number is the CPI number for the last March quarter before the beginning of the relevant period; and
latest CPI number is the CPI number for the last March quarter before the end of the relevant period.
(2) If, apart from this subregulation, the amount of a fee increased under subregulation (1) would be an amount of dollars and cents, the amount is to be rounded to the nearest whole dollar and, if the amount to be rounded is 50 cents, rounded down.
(3) Subject to subregulation (4), if at any time, whether before or after the commencement of this regulation, the Australian Statistician publishes for a particular March quarter a CPI number in substitution for an index number previously published by the Australian Statistician for that quarter, the publication of the later index number is to be disregarded for the purposes of this regulation.
(4) If, at any time, whether before or after the commencement of this regulation, the Australian Statistician changes the reference base for the Consumer Price Index, then, for the purposes of the application of this regulation after the change is made, regard must be had only to numbers published in terms of the new reference base.
(5) In this regulation:
CPI number means the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician.
fee means:
(a) a fee prescribed by subregulation 4.31B(1); or
(b) the fee in force at the end of the relevant period if regulation 4.31BA applies.
relevant period means a financial year starting on or after 1 July 2024.
4.31C Refund (or waiver) of fee for review by the ART
(1) This regulation applies to a review of a decision if:
(a) both:
(i) on review by a court, the decision is remitted for reconsideration by the ART; and
(ii) the ART remits a matter to which the decision relates with a permissible order under regulation 4.33; or
(b) the Minister, under section 351 or repealed section 417 of the Act, has substituted for the decision of the Administrative Appeals Tribunal or the ART a decision that is favourable to the applicant.
(2) A fee paid under regulation 4.31B, or liable to be paid under regulation 4.31B, in relation to a decision to which this regulation applies is to be refunded, or waived, as the case requires.
4.33 Powers of ART
(1) For the purposes of subsection 349(2) of the Act, an application for a protection visa is prescribed.