The Regulations amend the Migration Regulations to increase VACs for a number of visas by the forecast consumer price index (CPI), consistent with the 2017-18 Budget Measure Indexation of visa application charges. From 2017-18, annual indexation of the VAC has been in accordance with the forecast CPI published annually in the Budget papers.
In effect, this means that the affected VACs are increased from their 2020-21 baseline amounts by the 2021-22 forecast CPI as published in the 2021-22 Budget Paper No.1, rounded to the nearest $5. It is intended that these indexation amendments will continue to be made on an annual basis.
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In addition, consistent with the 2020-21 Budget Measure Migration Program – changes to Business Innovation and Investment Program, visa application charges for most Business Innovation and Investment Program (BIIP) visas are also increased by 11.345 percent (cumulatively with VAC indexation).
This coincides with the closure of three streams of visas with effect from 1 July 2021: the Subclass 132 (Business Talent) permanent visa (with two streams) is being repealed, and the Premium Investor stream of the Subclass 188 (Business Innovation and Investment (Provisional)) visa is being closed to new applications from 1 July 2021.
Source: Migration-Amendment-Visa-Application-Charges-Regulations-2021.pdf and Migration-Amendment-Visa-Application-Charges-2021-Explanatory-Statement.pdf
Nil VAC for Work and Holiday and Working Holiday visas)
A WHM visa is a COVID-19 affected visa if all of the following requirements are met under subregulation 1.15P(1):
- the visa was in force during the travel restrictions resulting from the COVID-19 pandemic. This is defined as meaning that the visa was granted before 20 March 2020 and ceased to be in effect on or after that day; and
- the visa expired, or was cancelled at the request of the visa holder, by 31 December 2021, at a time when the visa holder was outside Australia; or the visa, if still in effect, will expire by 31 December 2021; and
- the holder or former holder of the visa is outside Australia and applies for another WHM visa, between 1 July 2021 and 31 December 2022.
Source: LIN21043.pdf and LIN21043-Explanatory-Statement.pdf
Annual Federal Courts and Tribunals Fee Increases6 from 1 July 2021
The fees payable in the federal courts and tribunals will increase from 1 July 2021 to reflect changes to the consumer price index over the past financial year.
This is an automatic increase provided by the relevant fee regulations.
Administrative Appeals Tribunal fees
Pursuant to regulations 4.13A and 4.31BA of the Migration Regulations 1994, from 1 July 2021 the fee prescribed by subregulation 4.13(1) and paragraph 4.31B(1)(c) will be the amount listed below.
Section | Document or service | Tribunal fee |
4.13(1) | Application fee – review of decisions other than decisions relating to protection visas | $1,846 |
4.31B(1)(c) | Application fee – review of Part 7-reviewable decisions relating to protection visas | $1,846 |
Federal Circuit Court of Australia fees
Pursuant to section 2.20 of the Federal Court and Federal Circuit Court Regulation 2012, from 1 July 2021 the fee prescribed for each item of Schedule 1 to those Regulations will be the amount listed below. Section 2.20 excludes from the biennial fee increase the fees mentioned in items 202, 209, 210 and 220 (items 209 and 210 are increased in accordance with the Fair Work Regulations 2009).
Item | Document or service | Federal Circuit Court fee | |
201A | Filing of a document by which a proceeding is commenced in the Federal Circuit Court seeking final orders in exercise of: (a) the Court’s jurisdiction under section 476 of the Migration Act 1958; or (b) the Court’s jurisdiction in relation to a non-privative clause decision (within the meaning of the Migration Act 1958) under: (i) section 44AA of the Administrative Appeals Tribunal Act 1975; or (ii) section 8 of the Administrative Decisions (Judicial Review) Act 1977. | (a) full fee | $3,365 |
(b) if a Registrar or an authorised officer has determined that the person may pay a reduced fee under section 2.06A | $1,68 |
Source: https://www.legislation.gov.au/Details/C2021G00445