MEDIA RELEASE: Albanese Government puts a price on protection

Media Release, Monday 2 November 2026

The Asylum Seeker Resource Centre (ASRC) has condemned new and unexpected Federal Government regulations that force people seeking asylum to pay $1,863.50 upfront to challenge a protection visa refusal, warning that the changes will create yet another barrier to safety for some of the most marginalised people in Australia.

The changes, which came into effect on 1 November, require people seeking an independent review of a protection visa refusal by the Administrative Review Tribunal (ART) to pay the fee before their application can proceed. The fee applies regardless of a person’s financial circumstances.

People who have fled war, persecution and violence seeking safety in our community, will now be expected to find more than $1,800 simply to challenge a bureaucratic decision that could determine whether they are returned to danger. 

Women fleeing domestic, family and gender-based violence, people who have survived torture and trauma, and families struggling to put food on the table and pay for basic medicines are among those who could be prevented from accessing an independent review because they cannot afford the fee. For people already forced into poverty and destitution, finding $1,863.50 to exercise their right to challenge a protection decision will be impossible, particularly when they must also find legal assistance and prepare a complex application, all within the strict 28-day deadline to seek review.

The Administrative Review Tribunal exists to provide an independent and accessible mechanism for people to challenge government decisions and hold decision-makers accountable. The new regulations undermine that fundamental purpose by making access to review dependent on a person’s financial resources.

The Government has justified the changes as a measure to discourage people from exploiting the protection visa system to prolong their stay in Australia. However, the ASRC warns that this approach once again targets people who are vulnerable to exploitation, rather than those who profit from exploiting them.

The ASRC is calling on the Federal Government to immediately reverse the upfront fee requirement and ensure that every person seeking protection has access to a fair and independent review, regardless of their financial circumstances.

Jana Favero, Deputy CEO of the Asylum Seeker Resource Centre said: 

“Every day at the ASRC, we see people skipping meals, going without essential medication and struggling to feed their children because they’ve been forced into poverty and destitution by a system that is stacked against them. The Government now expects families seeking asylum to come up with $1,863 just to challenge a decision that could see them returned to persecution or violence. 

‘’There are a range of reasons why people’s claims are not recognised initially, perhaps the Department got it wrong or people need time to clearly express and unpack the worst moments in their lives. Having the ability to challenge a flawed decision that is fundamental to their safety shouldn’t come at a prohibitive financial cost.

“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.”

“You cannot fix a broken system by punishing people trapped in it. We have put forward a range of fair alternatives to reform the migration system. However, yet again those in power are targeting people in our community with the least rights.”

ENDS

For media enquiries or interviews, contact:

Natasha Blucher on 0412 034 821 or media@asrc.org.au