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Migration (Daily Maintenance Amount for Persons in Detention) Determination 2026 – Explanatory Statement

This legislative instrument updates the daily detention cost amount used under section 262 of the Migration Act 1958 for certain people who are legally liable to reimburse the Commonwealth for immigration detention costs.

The instrument commences on 1 July 2026 and repeals the previous 2024 determination (LIN 24/017).

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From 1 July 2026, filing fees in the Federal Circuit and Family Court of Australia will increase across a range of general federal law and migration matters.

Key migration-related points:

• Migration judicial review applications (Migration Act s476 / migration-related jurisdiction):
– Full fee remains $4,015
– Reduced fee remains $2,005 (where approved)

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ART application fees are increasing from 1 July 2026.

Key changes include:

• Review of a reviewable migration decision: $3,727 (up from current fees)
• Review of a reviewable protection decision: $2,293 (generally payable only if unsuccessful)
• Standard application fee: $1,195
• Concessional fee remains $100 in eligible circumstances

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The Migration Amendment (Realigning the Community Support Program) Regulations 2026 introduce targeted reforms to Australia’s Community Support Program (CSP) under the Subclass 202 (Global Special Humanitarian) visa framework. The amendments commence on 1 July 2026 and are intended to restore the CSP to its original policy objective of supporting the resettlement of working-age humanitarian entrants who are likely to achieve financial self-sufficiency within 12 months of arrival.

The reforms implement three principal changes.

First, the Regulations introduce annual proposal limits for Approved Proposing Organisations (APOs). Previously, APOs could submit an unlimited number of proposals, contributing to oversubscription, extended processing times and operational pressure on the Humanitarian Program. Under the amendments, a Subclass 202 application containing an APO proposal will only be valid if it falls within the APO’s annual allocation, which will be determined by Ministerial legislative instrument. The cap applies across both primary and secondary applicants included in the application.

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New Migration Instrument Released: Family Visa Caps Confirmed for 2025–26

The Australian Government has released the Migration (Granting of Contributory Parent Visas, Parent Visas and Other Family Visas During Financial Year 2025–26) Instrument 2026 (LIN 26/042).

The instrument sets annual caps on grants for selected Family stream visas for the 2025–26 financial year (1 July 2025 – 30 June 2026).

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Migration (Daily Maintenance Amount for Persons in Detention) Determination 2026
Migration (Daily Maintenance Amount for Persons in...
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FCA: Increase to general federal law and migration law court fees - 1 July 2026
From 1 July 2026, filing fees in the Federal Circu...
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ART application fees increasing from 1 July 2026
ART application fees are increasing from 1 July 20...
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Migration Amendment (Realigning the Community Support Program) Regulations 2026
The Migration Amendment (Realigning the Community ...
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