LGBTI Protection Visa Costs in Australia

Written by
Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer
Published
October 1, 2026
20 min read
Reading Time
20 min read
Table Of Contents

Key Takeaways

  • The government charge for an LGBTI protection visa is AUD 50. That is the Department of Home Affairs visa application charge for a Subclass 866 Protection visa, and it is the same for every applicant, whatever the claim.
  • The AUD 50 charge is paid online at lodgement, and the application is not valid until it is paid. The same AUD 50 covers everyone included in the one application, because the charge for included family members is nil.
  • LGBTI Protection Visa Costs in Australia are more than the AUD 50 charge. The real costs are proving the claim: translations, documents, reports, representation and, if the visa is refused, a review.
  • The charge is generally not refundable, even if the visa is refused. Refunds are only available in the limited circumstances set out in the Migration Regulations.
  • If the visa is refused, the Administrative Review Tribunal fee for a protection review is $2,293 from 1 July 2026. Nothing is paid at lodgement, and the fee is payable only if the review is unsuccessful.
  • The most expensive outcome is a refusal. Section 48A usually prevents a second protection application in Australia, so money spent on preparing the first application properly is money spent where it matters most.

LGBTI Protection Visa Costs in Australia start with one fixed figure. The Department of Home Affairs charges AUD 50 to apply for a Subclass 866 Protection visa, and that single charge covers everyone included in the application. The charge is the same for an LGBTI claim as for any other protection claim. Beyond the AUD 50, an applicant needs to plan for the costs of proving a claim about sexual orientation, gender identity or intersex status, and for the cost of any review if the visa is refused.

This article explains the LGBTI Protection Visa Costs in Australia that an applicant should plan for, in the order they usually arise. It starts with the AUD 50 government charge, then explains the practical costs of preparing the claim, when each is paid, and where money is most often wasted.

What are the LGBTI Protection Visa Costs in Australia?

The LGBTI Protection Visa Costs in Australia fall into two groups: the AUD 50 government charge that must be paid to make a valid Subclass 866 application, and the practical costs of preparing and proving the claim. The first is fixed by law. The second depends on the applicant's circumstances.

The costs an applicant should plan for are:

  • The visa application charge. AUD 50, payable to the Department at lodgement. Without it, the application is not valid.
  • Health examinations. Required when the Department asks for them to assess the health criteria.
  • Translations. English translations of documents not in English, by a NAATI certified translator.
  • Documents from overseas. The cost of family or friends obtaining existing identity and supporting documents.
  • Medical and psychological reports. Where the applicant's health, trauma or treatment is relevant to the claim.
  • Review costs. If the visa is refused and the applicant applies to the Administrative Review Tribunal.
  • Legal representation. If the applicant engages a lawyer or registered migration agent.

The general guide to the Subclass 866 protection visa explains the visa itself. The rest of this article takes each of these LGBTI Protection Visa Costs in Australia in turn.

What is the visa application charge for a Subclass 866 visa?

The visa application charge for a Subclass 866 Protection visa is AUD 50. The Department of Home Affairs lists the cost of the Subclass 866 visa as AUD 50.00 on its visa page. It is paid online through ImmiAccount when the application is lodged. Section 46(1)(ba) of the Migration Act provides that an application is valid only if any prescribed visa application charge has been paid, and Item 1401 of Schedule 1 to the Migration Regulations prescribes the charge for the Subclass 866 visa.

The AUD 50 charge is the same for every protection applicant. There is no higher charge for an LGBTI claim, no second instalment and no separate charge for a partner or child included in the application. Of all the LGBTI Protection Visa Costs in Australia, the AUD 50 charge is the only one fixed by law and the smallest. A low government charge does not mean a simple application. The charge buys one decision, and section 48A usually prevents a second protection application in Australia after a refusal. Government charges are reviewed from time to time, so the figure should be checked on the Department's page on the day of lodgement. The complete guide to the Subclass 866 protection visa explains where the charge fits in the application process.

The charge matters for validity, not just for payment. The Department's guidelines state that where an application is invalid for a reason that can be fixed quickly and easily, such as the correct charge not being paid, the applicant should be given the opportunity to fix it before the application is determined to be invalid. If it is not fixed within a reasonable period, the application must be found invalid. An invalid application is not considered at all. The guide on what makes a Form 866 application valid explains the other validity requirements.

Do family members pay a separate charge?

No. Family members who apply at the same time and in a combined application with the main applicant do not pay a separate charge. The one AUD 50 charge covers the whole application. The Department's guidelines state that only a single visa application charge is payable for applications by two or more persons, with the charge for any persons included who claim to be members of the family unit being nil.

This matters for LGBTI applicants in two ways. First, it affects how the LGBTI Protection Visa Costs in Australia are calculated for a family. A person who is lodging with a partner or dependent children should understand which family members can be included and whether each one qualifies as a member of the family unit. Second, some LGBTI applicants have a spouse or children from a past marriage. The Department's guidelines recognise that a past or current marriage, or children, are not in themselves inconsistent with an LGBTI claim. Whether those family members should be included in the application is a separate question that needs careful advice.

Can the visa application charge be refunded?

Generally, no. Section 49(4) of the Migration Act provides that, except as provided by the Regulations, an applicant is not entitled to a refund of the visa application charge. Regulation 2.12F sets out the limited circumstances in which a refund may be made, including some circumstances where an application is withdrawn.

A refusal is not a reason for a refund. An applicant who lodges a weak application, is refused, and then realises the claim was not properly presented has lost the AUD 50 charge, but far more importantly has lost the application itself. That is one of the clearest reasons to treat the LGBTI Protection Visa Costs in Australia as an investment in getting the first application right, rather than a cost to be kept as low as possible at the start.

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Do you have to pay for health examinations?

Health examinations are part of the LGBTI Protection Visa Costs in Australia when the Department asks for them. The Subclass 866 visa has health criteria, and the Department's guidelines refer officers to the health requirement instructions for the medical examinations that protection visa applicants must complete.

The applicant should not arrange health examinations before being asked. The Department issues the request when it is ready to assess the health criteria, and the request explains which examinations are required. Whether a charge applies to a particular examination, and how much it is, should be confirmed when the appointment is arranged. Failing to attend a required health examination can prevent the grant of the visa, so the request should be acted on promptly.

How much do translations add to LGBTI Protection Visa Costs in Australia?

Translations are often one of the largest practical LGBTI Protection Visa Costs in Australia, because many of the key documents in an LGBTI claim are personal messages, letters and records in the applicant's own language. The cost depends on the number of pages, the language and the translator, so there is no single figure.

The Department's guidelines set the standard. Documents not in English should be provided with an English translation by a translator accredited by NAATI, and the translation must carry the NAATI certified translator stamp and practitioner ID. If a document is provided without a translation, the officer can ask for one within a set time. If the translation is not provided, the officer can make the decision without considering that document, and must record that in the decision record.

To manage the cost, the applicant should:

  • translate the documents that actually support the claim, not every document they own;
  • choose the most relevant messages rather than translating entire chat histories;
  • keep the original documents and screenshots with dates visible; and
  • avoid informal translations by friends, which may need to be redone.

The guide on translating and preparing protection visa documents explains how documents should be prepared and named.

What does it cost to obtain documents from overseas?

Obtaining documents from overseas can add to the LGBTI Protection Visa Costs in Australia, because it may involve family or friends collecting, copying and sending documents. For many LGBTI applicants, it also carries a safety cost, because asking family for documents may expose the applicant.

The Department's guidelines give important protection here. They state that officers must never ask an applicant to approach the authorities of the country they fear in order to obtain identity documents, because this may give rise to new claims and carries significant risk to the applicant. The guidelines give examples of reasonable steps, including contact with family and friends to obtain existing documents.

This is one of the LGBTI Protection Visa Costs in Australia that should never be incurred. An LGBTI applicant should not spend money approaching their government's embassy or consulate for documents to support a claim against that government. Where documents cannot be obtained safely, the application should explain why. The guide to evidence in a protection visa application explains what to do about gaps in evidence.

Are medical or psychological reports worth the cost?

Medical and psychological reports are worth adding to the LGBTI Protection Visa Costs in Australia when they address a real issue in the claim. They are not required in every LGBTI protection application, and a report that says nothing new about the claim adds cost without adding weight.

Reports can be useful where:

  • the applicant has experienced violence and there is physical or psychological evidence of it;
  • trauma affects the applicant's ability to give evidence consistently, which Annexure 6 of the Department's guidelines recognises can affect recollection;
  • a transgender applicant needs continuing treatment that may not be available on return; or
  • the applicant has a health condition that increases the risk of harm or discrimination.

A report should be prepared by a qualified practitioner who has actually treated or assessed the applicant. A report should never be sought to create a claim that does not exist. Giving false information to the Department is a serious offence, and it destroys the credibility of claims that are genuine.

Which LGBTI Protection Visa Costs in Australia are specific to LGBTI claims?

Some LGBTI Protection Visa Costs in Australia arise only, or mainly, because the claim is about sexual orientation, gender identity or intersex status. They come from the type of evidence these claims depend on and from the need to protect the applicant's privacy.

The Department's guidelines recognise that in LGBTI claims the applicant's own account may be the only source of evidence. That makes the written statement the most important document in the application. Preparing a detailed statement often takes several sessions, and many applicants need an interpreter to give their account accurately in their own language. That interpreter cost belongs to the preparation stage. For the protection interview itself, the Department books the interpreter through the Translating and Interpreting Service, and the guidelines provide for requests about the interpreter's gender to be accommodated where possible.

Other costs specific to LGBTI claims include:

  • Witness statements. Statements from partners, former partners and friends who know about the applicant's identity, and translations of statements written in another language.
  • Relationship evidence. Selecting, printing and translating messages and ordinary photographs. Explicit material is never required, and the guidelines state that officers must not ask for it.
  • Country information. Research into how LGBTIQ+ people are treated in the applicant's country, including whether laws are enforced. The guidelines warn that information about gay men should not be used as a template for lesbian, transgender or intersex applicants.
  • Privacy measures. Practical steps such as a separate email address for the application and a safe postal address, so that correspondence does not reach family members.

These are modest costs compared with a refusal, but they should be planned for from the start.

What does a review cost if the visa is refused?

If the visa is refused, the Administrative Review Tribunal fee for reviewing a protection decision is $2,293 from 1 July 2026. It is a separate item in the LGBTI Protection Visa Costs in Australia, and it works differently from most Tribunal fees because nothing is paid up front.

The rules for the $2,293 fee are:

  • Nothing is paid at lodgement. An applicant can apply for review of a protection decision without paying anything when the review is lodged.
  • The fee is payable only if the review is unsuccessful. If the Tribunal affirms the refusal, the $2,293 fee must be paid within 7 days of the Tribunal's invoice.
  • Nothing is payable if the matter is sent back. If the Tribunal remits the decision to the Department, no fee is payable.
  • Nothing is payable if the Department referred the decision. No fee is payable where the Department itself referred the decision to the Tribunal.

Because nothing is paid at lodgement, cost should never be the reason an applicant misses the review deadline.

The practical costs of a review are similar to the costs of the original application: translations of new evidence, further reports where relevant, and representation for the hearing. The time limit to apply for review is short and strictly applied, so the money for a review cannot always be planned in advance. The Subclass 866 refusal ART guide explains the review process, including what it costs to apply.

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How much does a lawyer cost for an LGBTI protection visa?

Legal representation is one of the LGBTI Protection Visa Costs in Australia that varies most, because it depends on the complexity of the claim and the stage at which the representative becomes involved. There is no set fee in law. What matters is that the applicant knows the full cost, and exactly what is included, before engaging anyone.

The Department's information states that anyone who is paid to help with a visa application must be a registered migration agent or an Australian legal practitioner. An Australian lawyer must also give the client written disclosure of costs and, in most matters, a written costs agreement. The guide on what an immigration lawyer must tell you about costs explains these obligations.

My Migration Lawyers works on fixed fees per matter, set out in a costs agreement before work begins. A fixed fee gives the client certainty about the legal cost of each stage. When comparing quotes for an LGBTI protection claim, ask:

  • Does the fee include preparing the written statement with the applicant, in detail and in confidence?
  • Does it include identifying country information about the treatment of LGBTIQ+ people in the applicant's country?
  • Does it include written submissions on both the refugee criterion and complementary protection?
  • Does it include preparation for and attendance at the protection interview?
  • Does it include responding to any section 56 request or section 57 letter?
  • What is excluded, such as translations, reports and review?

A clear written quote turns the least predictable of the LGBTI Protection Visa Costs in Australia into a known figure. The guide on what a fixed-fee quote should include explains how to compare quotes fairly.

Can you work to cover costs while the application is decided?

A protection visa application is not a work visa, and the Department's protection visa information states this plainly. Whether an applicant can work while the application is decided depends on the conditions of the visa they hold, including any bridging visa granted with the protection application.

This affects how the LGBTI Protection Visa Costs in Australia are planned. An applicant who holds another visa with work rights keeps those rights while that visa is in effect, subject to its conditions. An applicant on a bridging visa needs to check the work conditions on that visa. The guide to the Bridging visa A explains how work rights on a bridging visa work. Working in breach of a visa condition creates a new and serious problem, and should never be used to fund the application.

What is the real cost of getting it wrong?

The real cost of getting it wrong is usually far greater than any of the LGBTI Protection Visa Costs in Australia listed above. A refusal can end the applicant's protection options in Australia, and the money spent on the application is not returned.

Measured against the LGBTI Protection Visa Costs in Australia, the consequences that matter most are:

  • Section 48A. A person who has been refused a protection visa while in Australia usually cannot make another protection application while they remain in Australia, unless the Minister personally lifts the bar.
  • No refund. The AUD 50 visa application charge is generally not refunded after a refusal.
  • An immigration record. The Department's information states that a refusal stays on the person's immigration record.
  • Review is harder. A review can take new evidence, but it starts from a refusal decision with adverse findings that must be answered.
  • False information. The Department warns that giving false information can lead to large fines and up to 10 years in jail. A false claim also destroys a genuine one.

For LGBTI applicants, the most common avoidable errors, and the ones that most increase LGBTI Protection Visa Costs in Australia over time, are a short statement that does not describe the applicant's experience in detail, no evidence from people who know, and no explanation for a late disclosure. The pillar on LGBTI protection visas in Australia explains what an LGBTI claim must prove, and the protection visa pillar guide explains the process as a whole.

How should an applicant plan for LGBTI Protection Visa Costs in Australia?

An applicant should plan for LGBTI Protection Visa Costs in Australia by separating the costs that are certain from the costs that depend on the claim. The AUD 50 visa application charge is certain and is paid at lodgement. The others should be estimated once the claim and the evidence have been assessed.

A practical approach is to:

  • budget AUD 50 for the visa application charge, and confirm it on the Department's page on the day of lodgement;
  • decide early which family members will be included, because the one AUD 50 charge covers everyone in the application;
  • list the documents that need translating, and translate only those that matter;
  • decide whether a medical or psychological report is actually needed;
  • obtain a written fixed-fee quote, and ask what it excludes; and
  • understand that a review of a protection refusal costs nothing to lodge, and that the $2,293 Tribunal fee from 1 July 2026 is payable only if the review is unsuccessful.

The LGBTI protection visa page explains how these claims are prepared from the first consultation.

How My Migration Lawyers handles LGBTI Protection Visa Costs in Australia

My Migration Lawyers acts for LGBTI applicants making Subclass 866 claims, and works on fixed fees per matter so that each client knows the legal cost before work begins. The firm deals with complex protection cases, acts in many LGBTI protection matters, and is capable of handling these matters from the first consultation through to decision and, where needed, review at the Administrative Review Tribunal.

On the question of LGBTI Protection Visa Costs in Australia, the firm's approach usually involves:

  • A clear quote. After the consultation, the client receives a written costs agreement setting out the fixed fee for each stage and what is not included.
  • Planning the government charge. The firm confirms the AUD 50 visa application charge and which family members are included before lodgement.
  • Keeping third-party costs proportionate. The firm identifies which documents need translating and whether a report will genuinely assist the claim.
  • Presenting the client's own account. The statement is the client's own evidence, taken in detail and in confidence, reviewed and corrected by them. The client decides which claims are advanced.
  • Preparing properly the first time. Because section 48A usually allows only one application, the firm prepares the statement, evidence, country information and submissions before lodgement.
  • Review within time. If a visa is refused, the firm advises on the review and its costs promptly, so the deadline is not lost.

My Migration Lawyers is led by Principal Lawyer Weiwei Zhang. The firm's protection visa lawyers act for applicants across Australia by video, with complete confidentiality.

If you want to know what your protection claim will cost before you commit to anything, the first step is a consultation. Book a consultation with My Migration Lawyers online, or call 1300 040 300.

Frequently Asked Questions

How much is the government charge for an LGBTI protection visa?

The government charge is AUD 50. That is the Department of Home Affairs visa application charge for a Subclass 866 Protection visa. It is paid online at lodgement, and the application is not valid until it is paid. The same AUD 50 applies whether or not the claim is based on sexual orientation, gender identity or intersex status, and it covers everyone included in the one application. The charge is not refunded if the visa is refused.

Do I get my money back if my protection visa is refused?

No, not usually. Section 49(4) of the Migration Act provides that the visa application charge is not refundable except where the Migration Regulations allow it, and a refusal is not one of those circumstances. The limited refund provisions in regulation 2.12F cover situations such as some withdrawals. This is one reason to make sure the application is properly prepared before it is lodged, rather than lodging quickly and hoping to fix problems later.

Does my partner have to pay a separate charge if we apply together?

No. If your partner or children apply at the same time and in a combined application with you, only the one AUD 50 charge is payable. The Department's guidelines state that the charge for family members included in the application is nil. Each person included must claim to be a member of your family unit. Whether a particular person should be included is a separate question, particularly if you have a spouse or children from a previous relationship.

Do all my documents need to be professionally translated?

Documents you rely on that are not in English should be translated by a NAATI certified translator, and the translation should carry the translator's stamp and practitioner ID. If a document is not translated, the officer can ask for a translation and may decide the case without it if none is provided. You do not need to translate every document you own. Translate the documents that support your claim, and choose the most relevant messages rather than whole conversations.

Is paying a lawyer worth it for an LGBTI protection claim?

It depends on the claim, but the cost of a refusal is usually much higher than the cost of preparation. Section 48A usually prevents a second protection application in Australia after a refusal, and the government charge is not refunded. A representative must be a registered migration agent or an Australian legal practitioner if they are paid. Ask for a written quote that states exactly what is included, especially the statement, country information, submissions and interview.

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Weiwei Zhang, Principal Lawyer at My Migration Lawyers
Weiwei Zhang
Principal Lawyer

Weiwei Zhang is the Principal Lawyer and Managing Director of My Migration Lawyers. My Migration Lawyers is one of Australia's leading immigration law firms, dedicated exclusively to Australian immigration law. The firm represents individuals, families and businesses across all areas of migration law, with particular expertise in complex immigration matters, Partner Visas, Protection Visas, corporate migration, visa refusals, Administrative Review Tribunal reviews, judicial reviews and visa cancellations.

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