Author: Arjun Asothan – Immigration Lawyer
Faster removals with reduced procedural fairness
The Australian Government introduced the Administrative Review Tribunal and Other Legislation Amendment Bill 2025 to Parliament, marking the next step in the progression of Australia’s migration and administrative review framework. The Bill proposes targeted amendments to both the Administrative Review Tribunal Act 2024 (ART Act) and the Migration Act 1958, aimed at improving efficiency, consistency, and timeliness in the decision-making process.
If passed, the legislation would expand the ability of the Administrative Review Tribunal (ART) to make a decision without holding an oral hearing, a process known as “paper-based” or “on the papers” review. This allows more matters to be decided “on the papers”.
It also introduces a new requirement for certain migration matters, such as student visa refusals and prescribed temporary visa applications. These are to be reviewed entirely through written submissions. While permanent and protection visa reviews remain unaffected, the proposed changes signal a significant shift toward paper-based assessment for low-complexity cases, balancing administrative efficiency with procedural fairness.
Understanding the bill
The Administrative Review Tribunal and Other Legislation Amendment Bill 2025 aim to streamline Australia’s administrative review process by clarifying when oral hearings are required and when decisions can be made based on written submissions alone.
- Changes to the Administrative Review Tribunal Act
Under the proposed amendments, the ART would be able to decide some cases without holding an oral hearing if:
- The issues can be effectively determined without a hearing.
- It is reasonable in the circumstances to make a decision without holding a hearing.
- The parties have been given a reasonable opportunity to provide written submissions, and the ART has considered them.
This change is designed to give the ART more flexibility and help reduce backlogs for straightforward or low-complexity cases, allowing hearings to be reserved for matters that genuinely require one.
- Changes to the Migration Act 1958
The Bill goes further in the migration space, introducing a requirement for certain types of visa reviews to be decided entirely “on the papers”.
This new rule would apply to:
- Reviews of decisions to refuse a student visa.
- Reviews of decisions relating to prescribed temporary visas, as defined in future Migration Regulations.
In practice, this means that the ART must make its decision based only on written evidence and submissions, without any oral hearing, for these visa categories.
- Permanent visa and protection visa reviews will not be affected.
The new process will be introduced in the Migration Act setting out how these paper-based reviews will operate.
Why the government introduced these changes
The Government’s main goal is efficiency. The ART, which replaced the Administrative Appeals Tribunal (AAT) in 2024, has faced high caseloads, particularly in migration matters such as student visa refusals.
Oral hearings require significant time and resources. By allowing (and in some cases requiring) paper-based reviews, the ART can process straightforward applications faster, freeing resources for complex or urgent matters.
What this means for visa applicants
For applicants affected by these changes, especially student visa and certain temporary visa holders, reviews of visa refusals or cancellations may no longer include an oral hearing.
Instead, applicants will need to rely entirely on the strength of their written submissions. This places greater importance on:
- Submitting clear, complete, and well-supported written evidence.
- Ensuring that all arguments are properly set out in writing, since there will be no opportunity to explain in person.
- Seeking professional advice early to prepare submissions effectively.
- Applicants seeking reviews of permanent or protection visa decisions will continue to have access to oral hearings.
Key considerations
- Fairness and access to justice: Some migration representatives and legal bodies have expressed concern that removing oral hearings in certain cases may disadvantage applicants who struggle with written English or who cannot access legal support.
- Regulatory flexibility: The Bill allows additional temporary visa types to be added to the “on the papers” requirement through changes to the Migration Regulations.
- Safeguards: Even when no oral hearing is held, the ART must still give parties a reasonable opportunity to make written submissions, which must be taken into account before a decision is made.
The Administrative Review Tribunal and Other Legislation Amendment Bill 2025 represents a major shift in how migration reviews will be conducted in Australia. By expanding the ART’s ability to decide cases without oral hearings and mandating “on the papers” reviews for student and certain temporary visa decisions, the Government aims to make the system more efficient and responsive.
While these changes promise faster processing times, they also make the quality of written submissions more critical than ever – highlighting the importance of seeking expert immigration advice when challenging a visa decision.
Get tailored assistance from Absolute Immigration Legal
At Absolute Immigration Legal, our experienced immigration lawyers can help you prepare strong, well-structured written submissions for ART reviews, giving your case the best chance of success under the new system.
Our team provides:
- Strategic review preparation and advice on ART processes.
- Support in drafting detailed written submissions.
- Guidance on whether your case qualifies for “on the papers” review.
- Ongoing advice on compliance and visa strategy.
Contact our team at admin@absoluteimmigrationlegal.com to learn how we can help you prepare for reviews under the Administrative Review Tribunal and Other Legislation Amendment Bill 2025.