Migration Law Guide
Migration filing and other fees
The difference between fees and costs
Knowing the difference between fees and costs may affect your decision to bring or continue a proceeding in the Federal Court (or the Federal Circuit Court). A general outline is given here – if you have any further queries you should seek legal advice.
Fees
Fees are set out in the Federal Court and Federal Circuit Court Regulation 2012 and are listed on the Fees page. The Regulation is made by the Federal Government. They impose filing fees, setting down fees and hearing fees for an application or appeal filed in the Court. These court fees are different from the fees that lawyers charge their clients.
A filing fee applies to the following migration forms:
| Form | Description |
|---|---|
| Form 69 Rule 31.11 | Originating application for relief under section 39B Judiciary Act 1903 |
| Form 70 Rule 31.22 | Originating application for review of a migration decision |
| Form 117 Rule 35.12 | Application for leave to appeal |
| Form 121 Rules 36.01(1)(a) | Notice of appeal from the Federal Circuit Court of Australia |
| Form 122 Rules 36.01(1)(b) & (c) | Notice of appeal |
If you cannot afford this fee, you may be able to ask the Court to exempt you from having to pay it or to defer the time for its payment. You can get a form to ask the Court to either exempt or defer payment and information about the circumstances where an exemption or deferral can be given on the Exemptions and deferral of fees pages or from the Registry.
Updated April 2013
