Key Changes
- On 5 February 2026, the Federal Parliament passed reforms amending the Migration Act 1958 and the Administrative Review Tribunal Act 2024.
- The reforms are designed to improve efficiency in the ART whilst maintaining procedural fairness, as outlined in the Act’s supporting documents
- The changes expand the powers of the Administrative Review Tribunal to determine certain matters without an oral hearing
The Australian Government has introduced significant changes to how the Administrative Review Tribunal (ART) handles certain temporary visa refusal reviews, particularly student visa refusals.
These reforms, passed through the Administrative Review Tribunal and Other Legislation Amendment Act 2026, aim to make the review process faster, more efficient, and less resource-intensive by allowing more decisions to be made ‘on the papers,’ meaning based entirely on written submissions, without an oral hearing.
For visa applicants, especially students, this marks a major shift in how review rights will operate.
What Is Changing?
Previously, the ART would generally hold an oral hearing before making a decision on a visa refusal review, unless limited exceptions applied. Under the new reforms, certain temporary visa refusal reviews will now be determined without an oral hearing.
The Government has stated that this process will first apply to student visa refusals, with the possibility of expanding it to other temporary visa categories through future regulations. This means applicants may no longer have the opportunity to appear before the Tribunal in person or speak directly to a Tribunal member. Instead, their case will be decided entirely based on written evidence and submissions.
Why Is the Government Doing This?
The ART has faced growing backlogs, particularly in migration matters. Student visa refusal reviews have increased significantly since early 2024, creating long delays for applicants waiting for decisions. According to the Government, these delays can stretch for months or even years. This creates two major problems. First, genuine applicants are left waiting too long for an outcome, often while remaining in Australia on bridging visas. Second, lengthy delays can encourage non-genuine applicants to lodge review applications simply to extend their stay in Australia rather than because they have a strong case. A faster, more proportionate review system may help both genuine applicants and the overall integrity of the migration system. These concerns were also highlighted in the 2023 Nixon Review into Australia’s visa system.
Why Student Visas First?
‘Informed by the Nixon review, which noted that the merits review process should be proportionate, the government believes it is appropriate that reviews of student visas be determined ‘on the papers’, having regard to:
- the nature of the issues under review
- the short-term nature of these visa times, and
- the low volume and complexity of relevant written materials.’ (Minister’s second-reading speech).
Permanent visas and protection visas are excluded from this new regime. These cases are considered more complex, and often involve more serious consequences for applicants.
Changes Beyond Migration Matters
The reforms also affect the ART more broadly. Section 106 of the Administrative Review Tribunal Act 2024 will be amended to give the Tribunal greater discretion to decide other matters without an oral hearing where:
- the issues can be adequately determined without the parties attending
- it is reasonable in the circumstances
- the parties are given a chance to make submissions about whether a hearing is necessary
This applies across the Tribunal’s wider jurisdiction, not just migration matters. It is intended for simpler cases involving straightforward facts or objective criteria where an oral hearing may add little value.
What To Expect From Change
For straightforward student visa refusals, a paper-based review may actually lead to faster outcomes and lower legal costs. However, where credibility, personal circumstances, or complex factual issues are important, losing the opportunity for an oral hearing may make it harder for applicants to fully explain their situation.
The quality of written submissions will now become even more critical. A poorly prepared written case may leave little room for clarification later. For migration lawyers and advisers, this means stronger front-end preparation will be essential.
Final Thoughts
These reforms represent a major shift in Australia’s migration review system. The Government says the goal is not to reduce fairness, but to create a review process that is quicker, more proportionate, and better suited to the type of visa being reviewed. Whether the balance between efficiency and procedural fairness has been struck correctly will likely become clearer once the new system is operating in practice.
As these reforms reshape how migration decisions are reviewed, early preparation and a clear strategy will be more important than ever, particularly where cases are decided “on the papers.” At Warlows Legal, we assist clients in navigating the evolving migration framework, from preparing strong written submissions to advising on review rights and procedural fairness. Our team can help you understand how these changes affect your position and ensure you are well-placed under the new system.
See more information here:
ART News and Updates: Upcoming changes affecting temporary visa refusal reviews
