| Application fee | Financial hardship |
|---|---|
| Application fee: $3,727 (from 1 July 2026) | Financial hardship: pay 50% = $1,863.50 and request a reduction |
| Refund | Deadline |
| Refund: 50% of what you paid if the decision is set aside, varied or remitted | Deadline: pay before your 28-day review deadline (14 days in detention) |
Source: Migration Regulations 1994 regs 4.13–4.14; ART Fees page, read 3 October 2026. The review periods are in Migration Act 1958 s 347(3).
How much is the ART fee for a partner visa review?
$3,727 is the fee for a reviewable migration decision paid on or after 1 July 2026, according to the ART’s Increased application fees now apply notice. This covers reviewable refusals in the 820, 801, 309, 100 and 300 pathway; whether a particular subclass 100 refusal is reviewable needs checking.
The ART application fee is also commonly called the ART fee, but it is a Tribunal charge, separate from a lawyer’s professional fees.
Under Migration Regulations 1994 regs 4.13, 4.13A and 4.13B, the migration review fee is indexed by CPI each 1 July, starting from 1 July 2025. Do not budget using an older figure: the date the fee is paid matters.
The fee is payable by the review applicant. Under the Migration Act 1958 and Migration Regulations 1994, that is the visa applicant for a reviewable 820/801 refusal and for a 309 refusal, but the sponsor for a 300 refusal.
The ART fee-increase notice lists a separate $2,293 protection-review fee, generally payable only if unsuccessful under reg 4.31B; that is not the partner refusal fee. The ART replaced the AAT on 14 October 2024 under the ART transitional legislation, so older references to an “AAT appeal” describe the former Tribunal.
When the fee must be paid
Pay before the deadline for applying for review. The ART Fees page requires either the full fee, or 50% of the fee together with a fee-reduction request, before that deadline.
Migration Act 1958 s 347(3) allows 28 days after the day of notification, or 14 days if the applicant was in immigration detention on that day. Section 347(5) prevents the ART from extending this review deadline.
Section 347(2)(c) of the Migration Act 1958 also requires the review application to be accompanied by the prescribed fee. Lodging the application while paying nothing is not the hardship-reduction process.
Keep the refusal notice and evidence of when it was received. A lawyer can check the notification date, filing date and payment steps together rather than treating payment as something to organise later.
The 50% fee reduction for financial hardship
The reduction is 50%, making the amount payable $1,863.50, calculated as half of $3,727. Migration Regulations 1994 reg 4.13(4) applies where paying the full fee “would cause financial hardship”.
The ART Fees page says you can request the reduction, but you must pay half and submit the request before the review deadline. It also says the ART cannot be asked to review a refusal of the reduction.
Explain your financial circumstances clearly and ask a lawyer to check the request and supporting material. Do not assume that asking for hardship relief removes the requirement to pay half on time.
Refunds: 50% back if the decision is set aside
The ART Fees page and Migration Regulations 1994 reg 4.14 distinguish three refund situations:
- 50% refund: if the ART sets aside, varies or remits the refusal, you receive half of the fee actually paid, whether full or reduced.
- Full refund: if the application is invalid or the decision is not reviewable.
- Limited withdrawal refunds: withdrawing does not automatically produce a refund; limited cases include death or the visa being granted.
For context, the ART’s 2025–26 migration caseload statistics recorded set-aside shares of 61% for subclass 820 and 65% for subclass 309 refusal finalisations. These historical figures do not predict your result or establish any benefit from lawyer representation.
No fee for some family violence cases
No fee is payable in the specific case covered by Migration Regulations 1994 reg 4.13(2A): a secondary applicant was refused because their former partner, the primary applicant, was refused, and the Department accepted family violence committed by that former partner. ART Form M1 also identifies this exception.
This is not a general fee exemption for every review involving family violence. The family violence provisions governing visa eligibility are a separate subject; a lawyer can check whether the precise no-fee conditions apply.
The fee in the total cost of a review
Budget for the $3,727 ART fee plus a separately quoted lawyer fee from Australian Migration Lawyers. A review is a separate engagement from the partner visa application, which usually costs $14,000 plus GST with Australian Migration Lawyers, and GST treatment depends on the quote.
| Item | Amount | Source |
|---|---|---|
| ART application charge | $3,727 | ART Fees page |
| Lawyer’s professional fees for the review | Quoted separately by Australian Migration Lawyers | Written costs agreement |
| Court filing, if judicial review follows | $4,180; $2,090 if reduced | FCFCOA fees |
| Court setting-down fee for an individual | $1,035 | FCFCOA fees |
The ART Fees page supplies the Tribunal charge; the FCFCOA fees page lists the court charges effective from 1 July 2026. Court charges are additional if an affirmed refusal proceeds to judicial review.
Time is another budgeting consideration. The ART Processing times page reports that half of partner reviews finalised from 1 March to 31 August 2026 took 3 years 2 months. See ART processing times for the timing context; this is not a promised completion date.
The original visa charge is separate again. Migration Regulations 1994 set the general base partner charge at $11,710 from 1 July 2026, and Home Affairs’ refund guidance says the visa application fee is not refunded on refusal.
Lodging in your city and the lawyer’s fee
ART Form M1 lists migration review lodgement counters in Sydney, Melbourne, Brisbane, Perth and Adelaide; the ART Immigration and citizenship page also provides the online application route.
For a partner visa appeal at the ART, separate the Tribunal charge from the partner visa lawyer cost. Ask what the lawyer’s quote includes: lodgement, evidence preparation, submissions, hearing preparation and representation.
You can explore legal help with partner visas in New South Wales, legal help with partner visas in Victoria, legal help with partner visas in Queensland, legal help with partner visas in Western Australia and legal help with partner visas in South Australia.
How much does it cost to appeal a visa refusal in Australia?
For a partner refusal, the ART Fees page lists $3,727 for fees paid from 1 July 2026, plus any lawyer fees. The fee for a partner review with Australian Migration Lawyers depends on the agreed work and is quoted separately.
Is the ART fee refundable?
Under the ART Fees page and reg 4.14, half is refunded if the refusal is set aside, varied or remitted; a full refund applies to invalid applications or non-reviewable decisions. Withdrawal refunds are limited.
Can I withdraw my ART appeal and get the fee back?
Only in limited circumstances, such as death or the visa being granted, according to the ART Fees page. Do not assume a change of mind qualifies.
Ask an Australian migration lawyer to check the review applicant, filing date and fee or hardship-reduction steps before the ART deadline. The decision-based 50% refund rule applies only if the refusal is set aside, varied or remitted—not merely because a lawyer checks or lodges the review.