Monday 2 November 2026
Media release
People seeking asylum will now have to pay an upfront fee of $1863.50 to lodge an appeal at the Administrative Review Tribunal (ART). The new regulations, quietly coming into effect over the weekend, puts the most vulnerable people at risk of being sent back to the danger they have fled. RACS calls on the Government to restore the option to pay upon conclusion of the appeal.
The new fee rules for people seeking asylum make them far more onerous than the fee rules for many other individuals appealing at the Tribunal, where financial hardship considerations can be applied for and can reduce the fee to as little as $100. There is no similar provision for people seeking asylum. In effect this means Australia's legal system gives a person challenging a tax matter greater compassion and understanding than a woman on a temporary visa who is fleeing domestic violence and fears for her life. This double standard is an affront to principles of access to justice.
While the Government states that the upfront fee will "discourage unmeritorious applications" and "will not disadvantage those with genuine claims", the reality is that refugees will now be at risk of being sent back to danger.
"This fee targets the vulnerable," said Sarah Dale, RACS Centre Director & Principal Solicitor. "The Federal Government claims this is necessary to target the bad faith actors, yet it is effectively a barrier shutting out the precise people this system claims to be there to protect."
Ms Dale said, "This is not a matter of debt or increased support payments or a few extra years on a visa. These are matters of life and liberty. What the Government has done here today is freeze out those who can least afford justice, those who are the most vulnerable – and, for the most part, people whom Australia ought to protect."
Merits review is not a luxury – it is a basic principle of justice. This amendment to ART procedure echoes the poor decision making we saw with the Fast Track process.
The upfront fee of $1863.50 amounts to six weeks' worth of Status Resolution Support Services (SRSS) payments, or two weeks' salary at minimum wage. Combined with a time limit providing no possibility of extension, the high cost will result in many losing their right of appeal.
"The people RACS supports are already living hand to mouth in this cost of living crisis," said Ms Dale. "With these changes, Australia forces them to choose between feeding their family today, or fighting to keep their family safe for the future."
This change has come without warning and without consultation. Overnight, people seeking asylum who are appealing a decision against them by the Department of Home Affairs, now need to find $1863.50 within 28 days or face imminent return to the country they fear harm from.
RACS calls on the Minister to restore payment on conclusion of Tribunal matters. At a minimum, the Minister must allow for consideration of financial hardship. The Government must create mechanisms, as exist across other areas of the Tribunal, that allow those represented by organisations such as RACS to be exempt from an exorbitant fee at a time of significant financial distress and vulnerability.
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Media enquiries
RACS Supervising Senior Solicitor Ahmad Sawan is available for interview or comment. Sarah Dale is available for comment.
Contact Hsu-Ann Khoury: media@racs.org.au
