The Administrative Review Tribunal and Other Legislation Amendment Bill 2026 received Royal Assent on 9 February 2026 and will commence on a date to be proclaimed, or automatically on 10 August 2026. The reforms introduce significant procedural changes to the way certain migration decisions will be reviewed, with a particular focus on streamlining high‑volume case types.
Expanded Use of Paper‑Based Decision Making
A central feature of the Act is the expanded ability for the Administrative Review Tribunal (ART) to determine matters without an oral hearing. The ART may now decide a matter “on papers” where:
- the issues can be adequately determined without a hearing;
- it is reasonable in the circumstances to do so; and,
- the parties have been given a reasonable opportunity to make submissions, and those submissions have been considered.
This shift is intended to reduce delays and concentrate oral hearings on matters where they are genuinely necessary.
Student Visas: Addressing the Tribunal’s Highest Case Load
Student visa refusals have recently represented one of the largest caseloads before the Tribunal. The new requirement for these matters to be reviewed on paper is aimed at alleviating that pressure and improving processing times.
Long delays have had real‑world consequences. It is not uncommon for student visa applicants to complete their course before their Tribunal review is finalised. Once their Confirmation of Enrolment (CoE) ceases, applicants no longer meet the criteria for the visa they originally sought, often leaving them without a viable pathway despite having pursued their appeal rights.
By moving these matters to paper‑based review, the ART intends to reduce the backlog and minimise the risk of applicants ageing out of eligibility simply due to processing delays.
Beyond Student Visas: Wider Impact on Temporary Visa Reviews
These amendments are not limited to student visas. The Act also enables the Migration Regulations to prescribe additional temporary visas that must be reviewed on paper. Permanent visa matters remain unaffected and will continue to have access to oral hearings.
The Growing Importance of Written Advocacy
It is also increasingly important that applicants understand the legislative requirements that apply to their visa subclass. Many applicants assume they can rely on compelling personal circumstances to support their case, however, without a hearing where a Tribunal member might otherwise ask clarifying questions to determine whether the applicant meets the relevant criteria, self-represented applicants are likely to be impacted. Where submissions are incomplete or fail to address the legislative requirements, there may be limited opportunity to remedy those gaps under a paper-based decision-making model.
With paper‑based reviews becoming more likely for student visas, and potentially other temporary visas, written advocacy will become the decisive factor in many appeals. Applicants will need to present a clear, well‑structured, and persuasive written case from the outset. This includes:
- addressing the decision‑maker’s reasoning;
- providing supporting evidence in a coherent format; and,
- articulating factual and legal arguments without relying on the opportunity to clarify matters at a hearing.
For applicants with limited English proficiency, this shift presents an additional challenge. The ability to explain complex circumstances in writing without the benefit of an interpreter‑assisted hearing may be difficult.
Representation Will Become More Crucial
As the process becomes more document‑driven, legal representation is likely to play a more significant role. Migration lawyers and agents will be central in ensuring that submissions are comprehensive, strategically framed, and lodged at the earliest opportunity.
The reforms will also have the effect of discouraging applicants who lodge review applications primarily to gain additional time in Australia while awaiting a hearing. With decisions expected to be made more quickly without the need for scheduling a hearing, the system is likely to become less attractive to those misusing the review process as a delay mechanism.
Submissions at Lodgement: A New Strategic Imperative
Given the ART’s expanded ability to decide matters without a hearing, applicants might expect that their case may be determined based solely on the material provided at lodgement. The ART must invite the applicant to give written submissions and evidence – it is unknown whether this invitation for submissions will accompany the formal acknowledgement of lodgement, or once a Tribunal Member has been allocated and is ready to assess the decision. This may push applicants and their representatives to prepare full submissions and evidence from the outset rather than relying on later opportunities to supplement the record.
These changes also remove important opportunities that arise during a hearing, including the ability to request post-hearing submissions. In certain cases, post-hearing submissions allow the applicant or their representative to address issues raised by the Tribunal Member during the hearing, clarify points of concern, or provide additional evidence in response to the way the matter appears to be assessed. If a decision is made entirely on paper, applicants lose the ability to respond dynamically to the Tribunal’s reasoning or questions, which may disadvantage those whose arguments or evidence would have benefited from further explanation or follow-up.
Looking Ahead
As commencement approaches, further guidance from the ART and the Department of Home Affairs will be important in shaping how these reforms operate in practice. What is clear is that the shift toward paper‑based review represents a significant procedural change for temporary visa applicants, and preparation at the earliest stage will be critical. It also remains to be seen whether the reduced opportunity to clarify issues without a hearing, and the increased risk of adverse decisions based solely on written material, may lead to a rise in applications for Judicial Review where applicants feel that relevant considerations were not fully explored.
If you require advice on a Tribunal review, assistance preparing written submissions, or guidance on how these reforms may affect your appeal application, the Migration Team at Stone Group Lawyers can assist.