Protection Visa Application Fee

Can the Protection visa application fee be refunded?

No, not in most cases. The Protection visa application fee is the visa application charge paid when a Subclass 866 application is lodged, and the law treats it as non-refundable. Section 49(4) of the Migration Act 1958 provides that an applicant is not entitled to a refund of the visa application charge, except as provided for by the Regulations.

The Regulations allow a refund only in narrow, prescribed circumstances. Those circumstances are set out in regulation 2.12F of the Migration Regulations 1994. A refusal is not one of them. A change of mind is not one of them. Most withdrawals do not qualify either.

People who search for a Protection visa application fee refund are usually in one of five situations. The application was refused. The applicant wants to withdraw. The application was found to be invalid. The applicant cannot afford the charge and wants it waived. Or the applicant wants to apply again and asks whether the first payment carries over. This article answers each of those questions in turn.

The general requirements of the visa itself are explained on our page on the Subclass 866 Protection visa. A full overview of the visa is in our Protection visa guide. This article deals only with what happens to the Protection visa application fee once it has been paid, or when it has not been paid correctly.

What is the Protection visa application fee in September 2026?

As at September 2026, the Protection visa application fee for a Subclass 866 application is AUD 50 in total. It is a single charge. It covers everyone included in the same application, and there is no additional charge for each family member.

The Protection visa application fee is set by Schedule 1 to the Migration Regulations 1994 and published in the Department of Home Affairs visa pricing information. It can change. Anyone preparing to lodge should confirm the current amount on the Department's website on the day of lodgement.

The Protection visa application fee is low compared with the charges for most other Australian visas. That can lead applicants to treat it lightly. It should not be treated lightly. The charge is part of what makes the application valid. Paying the wrong amount, or not completing the payment, can mean that no valid application exists at all.

The amount paid is also not a measure of what is at stake. A Subclass 866 application is often the applicant's only realistic path to remaining in Australia. The legal consequences of a refusal or an invalid application are far more serious than the loss of the charge itself.

What the law says about a Protection visa application fee refund

The starting point is section 49(4) of the Migration Act 1958. A person who applies for a visa is not entitled to a refund of the visa application charge, unless the Regulations say otherwise. The Protection visa application fee is a visa application charge, so this rule applies to it.

The exceptions are in Division 2.2A of Part 2 of the Migration Regulations 1994, and in particular regulation 2.12F. That regulation lists the specific situations in which the Department may refund the charge. The Department's Protection Visa Processing Guidelines confirm that regulation 2.12F "prescribes the circumstances in which the VAC may be refunded", including subregulation 2.12F(3), which deals with refunds to an applicant who has withdrawn an application.

Three practical points follow for anyone seeking a Protection visa application fee refund:

• a refund is only available if the facts fit one of the prescribed circumstances;
• the Department has no general discretion to refund the charge because a refund would be fair or because the applicant is in hardship; and
• the refund, if available, is requested from the Department, not from anyone who helped prepare the application.

In practice, a Protection visa application fee refund is rare. Most applicants should proceed on the basis that the charge will not be returned, whatever the outcome of the application.

Is the Protection visa application fee refunded if the application is refused?

No. A refusal does not entitle the applicant to any refund of the Protection visa application fee. The charge is paid to have a valid application considered. It is not paid for a particular outcome, and a refusal means the application was considered and decided.

A refusal does, however, have consequences that matter far more than the loss of the charge. Section 48A of the Migration Act 1958 generally prevents a person who has been refused a Protection visa while in Australia from making a further Protection visa application while they remain in Australia. The only exception is where the Minister personally decides, under section 48B, that the bar should not apply.

That is why the right response to a refusal is not to ask about the Protection visa application fee. The right response is to look at review. Most Subclass 866 refusals can be reviewed by the Administrative Review Tribunal. The time limit to apply for review is short and strictly applied, and it runs from the date the applicant is notified of the decision. The Tribunal fee is separate from the Protection visa application fee and is not covered by it. As published by the Administrative Review Tribunal from 1 July 2026, the fee for review of a protection decision is \$2,293. It is not paid when the review is lodged. It becomes payable only if the review does not succeed, and it must then be paid within 7 days after the Tribunal's invoice. No fee is payable if the Tribunal sends the matter back to the Department.

The review stage is explained in our guide to appealing a Protection visa refusal to the ART and in our Subclass 866 refusal and ART guide. Our page on Protection visa refusals sets out how the firm acts at that stage.

What happens to the Protection visa application fee if the application is withdrawn?

In most cases the Protection visa application fee is not refunded when an application is withdrawn. Section 49 of the Migration Act 1958 allows an applicant to withdraw an application by written notice at any time before it is decided. The withdrawal disposes of the application, but it does not by itself return the charge. A refund is only possible if the withdrawal falls within regulation 2.12F(3).

A withdrawal has legal effects that are separate from the Protection visa application fee. They should be understood before any notice is sent.

A withdrawal is not a refusal

Under section 49(3), a withdrawal is not treated as a decision to refuse the visa. This means the section 48A bar is not engaged. A person who withdraws while in Australia is not prevented by section 48A from making a further Protection visa application later. A further application would need its own charge.

The Department's guidelines also note that information in a withdrawn application may be taken into account when a later application is assessed. If that information is going to be part of the reason for refusing a later application, it must be put to the applicant for comment under section 57.

A withdrawal can end the bridging visa

A bridging visa granted because of a Protection visa application is linked to that application. If the application is withdrawn, the bridging visa ceases after a period set in the Regulations. For a Bridging B visa or Bridging C visa granted on or after 19 November 2016, that period is 35 days after the withdrawal takes effect. After that, the person may have no visa at all. Our guide to bridging visas in Australia explains the different types.

Each family member withdraws separately

Each member of the family unit included in a Subclass 866 application is an applicant in their own right. The Department's guidelines say that a withdrawal by one person does not withdraw the applications of the others, even if the main applicant sends the notice. Each adult who wishes to withdraw must give their own written notice. A parent or legal guardian may withdraw for a child under 18. Because the Protection visa application fee is one charge for the whole application, a withdrawal by one family member does not produce a partial refund for that person.

Protection visa application fee and invalid applications

An application that is lodged without the correct Protection visa application fee is not a valid application. Section 46(1)(ba) of the Migration Act 1958 provides that a visa application is valid only if any visa application charge prescribed in Schedule 1 has been paid, subject to the Regulations providing otherwise.

The Department's guidelines recognise that some problems of this kind can be fixed. If the invalidity can be rectified quickly and easily, and the guidelines give the example of the correct charge not being paid, the applicant should be given the opportunity to rectify it before the application is found to be invalid. If the problem is not fixed within a reasonable period, a determination must be made that the application is invalid.

The consequences of an invalid application are serious:

• under section 47(3), an invalid application cannot be considered at all;
• under section 47(4), a determination that the application is invalid is not a decision to refuse a visa;
• it is therefore not a reviewable protection decision, and the Administrative Review Tribunal cannot review it; and
• an invalid application does not give the applicant a bridging visa.

The Protection visa application fee is only one of the validity requirements. An application with no claims at all is also invalid, because it does not substantially comply with the approved form. A residential address must be given under regulation 2.07(4). Personal identifiers must be provided when required under section 257A. Our guide to Form 866 sets out what the form requires.

Whether any money paid towards an application that was found to be invalid can be returned depends on the facts and on regulation 2.12F. An applicant in that position should not assume either way. The more urgent question is usually how to lodge a valid application quickly, before the person's visa position becomes worse.

Can the Protection visa application fee be waived?

No. There is no general process for an applicant to ask the Department to waive the Protection visa application fee on the ground of hardship. The charge is a validity requirement. If it is not paid, the application is not valid, whatever the applicant's financial situation.

This is one area where the relatively low amount of the Protection visa application fee helps applicants. Because the charge is AUD 50 in total for the whole family, it is rarely the real barrier to lodging. The larger costs of an application usually come from obtaining documents, translations and evidence, and from the time the applicant spends waiting on a bridging visa.

Applicants sometimes hear that the charge can be paid later, or that the Department will lodge the application first and ask for payment afterwards. That is not a safe assumption. The application should be lodged with the correct Protection visa application fee paid in full at the time of lodgement. How the charge is paid online is explained in our guide on how to create an ImmiAccount.

What happens to the Protection visa application fee if an applicant dies?

If an applicant dies before a decision is made, the Protection visa application fee can be refunded to the applicant's legal personal representative under regulation 2.12F. The Department's guidelines say that the application is treated as withdrawn in that situation.

There is an important limit. If other members of the same family unit are included in the application and have made their own protection claims, the charge is not refunded. Their applications continue, and the single Protection visa application fee still covers them. The Department's guidelines also say that the death of one family member has no effect on the applications of the others.

If the Department learns of the death only after the application has been decided, the application cannot be treated as withdrawn, and the refund rule for deaths before a decision does not apply.

Does a new application need a new Protection visa application fee?

Yes. Every new Subclass 866 application must be lodged with its own Protection visa application fee. A charge paid on an earlier application does not carry over to a later one, whether the earlier application was withdrawn, found invalid or refused.

The practical position depends on how the first application ended.

• Withdrawn: a further application can generally be made, because a withdrawal is not a refusal and section 48A is not engaged. A new charge must be paid.
• Invalid: a valid application has never been made, so a new application with the correct charge, claims, address and other required details must be lodged.
• Refused in Australia: section 48A generally prevents a further Protection visa application while the person remains in Australia. A new application is possible only if the Minister personally intervenes under section 48B, and any application then made needs its own charge.

For a refused applicant, the Protection visa application fee is almost never the real issue. The real issue is whether the claims can be reviewed at all. That is why the time limit for Tribunal review matters so much. Where review is available, it is often the last full opportunity to have the claims considered.

What to check before withdrawing to recover the Protection visa application fee

The most important check is whether withdrawing is in the applicant's interests at all. Recovering the Protection visa application fee should never be the reason for a withdrawal, because a refund is available only in the limited circumstances in regulation 2.12F and the other effects of a withdrawal can be severe.

Before any written notice of withdrawal is sent, the applicant should confirm the following:

• which visa the applicant holds now, and what will happen to it when the linked bridging visa ceases;
• whether the applicant will have any lawful basis to remain in Australia after the withdrawal takes effect;
• whether the applicant still fears harm in the home country, and whether that fear may need to be raised again later;
• whether other family members included in the application want to continue with their own applications; and
• whether the facts fit one of the refund circumstances in regulation 2.12F, rather than assuming a refund will follow.

A withdrawal cannot simply be reversed once it takes effect. If the person later wants protection again, a new application must be lodged with a new Protection visa application fee, and the information in the withdrawn application may be compared with the new one. Advice before withdrawing costs far less than the problems a hasty withdrawal can create.

Protection visa application fee mistakes that cost far more than AUD 50

The Protection visa application fee is small, but mistakes around it can be very costly. Most of these mistakes are made by applicants who lodge without advice, or who withdraw without understanding what a withdrawal does.

The first mistake is withdrawing an application in the hope of a refund. A Protection visa application fee refund on withdrawal is only available in the circumstances prescribed in regulation 2.12F. The withdrawal is still effective, the application is disposed of, and the bridging visa may cease. The applicant may lose lawful status for a charge that is not returned.

The second mistake is lodging an application with incomplete payment. A payment that fails, or a lodgement made without the correct charge, can leave the applicant with no valid application and no bridging visa. The applicant should check that the application shows as lodged and that an acknowledgement and Transaction Reference Number have been issued.

The third mistake is lodging a bare application to secure a bridging visa, then planning to add claims later. An application with no claims is invalid, whatever charge has been paid. An application with thin claims may be valid, but a later statement will be compared with the first one, and differences can be treated as credibility issues. Our guide to the Protection visa statement of claims explains how the claims are presented.

The fourth mistake is assuming that a family member can be dropped from the application to reduce the cost. The Protection visa application fee is one charge for everyone in the application, so leaving a person out saves nothing. It can also leave that person without any application at all. Changes in the family should be notified to the Department, and our guide to Form 1022 explains when that form is used.

The fifth mistake is paying an unregistered person to lodge the application. Only a registered migration agent or an Australian legal practitioner may lawfully give immigration assistance for a fee. A representative should be formally appointed with the Department, as explained in our guide to Form 956 and 956A.

How My Migration Lawyers helps with Protection visa application fee questions

My Migration Lawyers acts for Subclass 866 applicants at every stage, from lodgement to review. The firm acts in many Protection visa matters, including complex cases where an application has been found invalid, where a withdrawal is being considered, where a refusal has been made, or where family members have been left out or added. The firm is capable of handling these matters and of advising on the Protection visa application fee in the context of the whole application.

A question about the Protection visa application fee is often the first sign of a larger problem. An applicant who asks about a refund after a refusal usually needs urgent advice on review. An applicant who asks about withdrawing usually needs to understand what will happen to the bridging visa. An applicant whose application has been found invalid usually needs a valid application lodged without delay.

My Migration Lawyers presents the client's own account and evidence in the form the law requires. The statement of claims is the client's own evidence, reviewed and corrected by the client, and the client decides which claims are advanced. The firm checks that the application is valid before it is lodged, including the charge, the claims, the residential address and the family members included. For applicants who have already lodged on their own, our guide to hiring an immigration lawyer after lodgement explains how the firm can step in.

The firm works on a fixed fee agreed in writing before work starts. Our guide to fixed-fee immigration lawyers explains what a fixed-fee engagement should cover. The firm's Principal Lawyer, Weiwei Zhang, leads its Protection visa practice. More information is on our Protection visa lawyers page.

Anyone with a question about the Protection visa application fee, a withdrawal, an invalid application or a refusal can book a consultation with My Migration Lawyers online. Prospective clients can also call My Migration Lawyers on 1300 040 300.