Author: Tomas Rincon- Immigration Lawyer
Changes to Administrative Review Tribunal review processes now in effect
The Administrative Review Tribunal and Other Legislation Amendment Act 2026 has commenced from Monday, 18 May 2026, expanding the Administrative Review Tribunal’s (ART) ability to determine certain matters without conducting an oral hearing.
The changes introduce expanded powers for the ART to determine certain review applications without conducting an oral hearing.
Under the amendments, the ART may decide a matter “on the papers” where it considers that:
- The issues can be adequately determined without a hearing
- It is reasonable in the circumstances to proceed without an oral hearing
- The parties have been given a reasonable opportunity to provide submissions, and
- The Tribunal has considered any submissions received before making its decision.
What does “decision on the papers” mean?
A decision on the papers refers to a review being determined based on the written evidence and submissions available to the Tribunal, rather than through an in-person, telephone, or video hearing. This means applicants may not automatically receive an invitation to attend a hearing in certain prescribed matters.
Instead, the ART may assess:
- The visa application records
- Refusal or cancellation reasons
- Supporting documentation
- Written legal submissions
- Responses from the applicant or representative, and
- Any other material before the Tribunal.
The Tribunal must still provide procedural fairness and allow parties a reasonable opportunity to present their case before making a decision.
Which visa matters may be affected?
The amendments apply to certain temporary visa review matters that may be prescribed under the Migration Regulations. At the time of commencement, no temporary visa subclasses have yet been prescribed for mandatory paper-based review processes. This means the legislative framework has commenced, but the specific visa subclasses that may fall within these arrangements have not yet been formally identified.
The changes do not apply to:
- Permanent visa review matters, or
- Protection visa review applications.
These categories will continue to follow existing hearing and review processes unless further legislative amendments are introduced in the future.
Potential implications for temporary visa applicants
While the practical impact will depend on which visa subclasses are later prescribed, the changes may alter how some review applications are prepared and presented before the ART.
For applicants and sponsors, this may increase the importance of:
- Detailed written submissions
- Well-organised supporting evidence
- Clear responses to refusal concerns
- Accurate legal arguments, and
- Early preparation of review materials.
Where a matter proceeds without a hearing, the written material lodged with the Tribunal may carry greater weight in the overall review process.
Why these changes matter
The amendments may significantly change the procedural pathway for some migration review matters in Australia. For applicants accustomed to presenting their circumstances directly during a hearing, paper-based decision-making could reduce opportunities for verbal clarification or additional oral evidence.
At the same time, the reforms may allow the ART to manage certain temporary visa review matters more efficiently where the Tribunal considers a hearing unnecessary. The long-term impact will depend on future regulations prescribing which temporary visa categories may be reviewed on the papers.
For further information about this immigration update or to speak to one of our Immigration Lawyers, please contact us at admin@absoluteimmigrationlegal.com.