Author: Sally Webster – Principal Legal Advisor
Important changes have been made to how the Administrative Review Tribunal (ART) conducts migration reviews, with certain cases to be decided without an oral hearing.
The Australian Parliament has passed the Administrative Review Tribunal and Other Legislation Amendment Bill 2025, introducing significant changes to the way the ART conducts migration reviews. The amendments expand the Tribunal’s powers under s106 of the Administrative Review Tribunal Act 2024 (Cth) (ART Act), allowing more matters to be determined on the papers.
The Administrative Review Tribunal and Other Legislation Amendment Act 2026 received Royal Assent on 9 February 2026 and will commence on a date set by proclamation or by 10 August 2026 (six months after Royal Assent).
Key Takeaways
- The new amendments have specified that the Tribunal can decide certain applications without a hearing
- At present this only includes student visa refusals and there is no stipulation yet as which other temporary visas will be included in the future.
- Strong, well-prepared written submissions and supporting materials are now essential.
When the ART can decide a case without a hearing
Under the amended s106, the Tribunal can make a decision without holding a hearing if:
- The issues for determination in the proceeding can be adequately determined in the absence of the parties to the proceeding;
- It is reasonable in the circumstances to make their decision in the proceeding without holding the hearing of the proceeding, and
- The Tribunal has given the parties to the proceeding (other than a non‑participating party) a reasonable opportunity to make submissions to the Tribunal in relation to the Tribunal making their decision without holding the hearing of the proceeding, and the Tribunal has taken into account any submissions received.
What this means for student visa and temporary visa applicants
One of the biggest changes is that student visa refusal reviews must now be decided entirely on written submissions. The same applies to certain temporary visa categories that will be set out in the Migration Regulations. There will be no oral hearings for these matters. The Government’s Explanatory Memorandum makes it clear that this change is the Tribunal designed to help them clear their significant backlog of student visa cases.
While paper-based reviews will streamline the appeal process, they will deprive the applicant of an oral hearing. The applicant will no longer meet the Tribunal member, describe their circumstances personally or have the opportunity to speak through an interpreter.
Now, all the arguments must be set out in writing and in good English. Where English is not the applicant’s first language, submissions will need to be translated, or the applicant is represented by an English-speaking lawyer.
What applicants should do now
Anyone with a student visa refusal currently with the ART should:
- Prepare and lodge their written submissions as soon as possible.
- Make sure their submissions are well-structured and supported by evidence.
- Seek legal advice early to ensure your submissions are as comprehensive as possible.
These cases will now move quickly through the system. Decision‑based reviews makes high‑quality written submissions more important than ever.
Get tailored assistance from Absolute Immigration Legal
With the new ART rules coming into effect, the quality of your written submission matters, especially for student visa refusals and temporary visa reviews that must now be decided entirely on the papers. Our team at Absolute Immigration Legal is here to guide you through this new process with confidence.
We can assist with:
- Preparing strong written submissions that clearly address the issues the Tribunal will consider
- Identifying the key arguments and evidence needed to give your review the best chance of success
- Based decision or whether fairness concerns should be raised. Responding quickly where the Tribunal asks for submissions about proceeding without a hearing
Our team can help you navigate these changes and prepare a compelling case under the new system. For tailored advice or support with your ART review, contact us at admin@absoluteimmigrationlegal.com.