The Administrative Review Tribunal and Other Legislation Amendment Act 2026 (ART) commenced on 18 May 2026, expanding the circumstances in which certain temporary visa review matters may be decided without an oral hearing.
This process is commonly referred to as a decision “on the papers”.
The change is particularly significant for applicants seeking review of certain temporary visa refusal decisions, including most student visa refusal reviews.
From 1 June 2026, the ART is required to decide most student visa refusal review applications without holding an oral hearing, subject to limited exceptions.
What has changed?
The amendments increase the circumstances in which the ART may decide a review without conducting an oral hearing.
Under the changes, the Tribunal may decide a matter on the papers where:
- the issues can be adequately determined without a hearing;
- it is reasonable in the circumstances to make a decision without holding a hearing; and
- the parties have been given a reasonable opportunity to provide submissions, and the Tribunal has considered any submissions received.
The Administrative Review Tribunal Amendment (2026 Measures No. 1) Rules 2026 also support the implementation of this new review pathway.
These Rules allow the President of the Tribunal to authorise registrars and staff members to perform certain administrative functions in relation to “on the papers” reviews. These functions may include:
- issuing invitations for applicants to provide written submissions and evidence; and
- dismissing an application where an applicant fails to respond to an invitation, subject to reinstatement safeguards in appropriate cases.
Importantly, Tribunal members remain responsible for reviewing applications and making decisions.
What does “decision on the papers” mean?
A decision “on the papers” means the Tribunal may decide the review based on the written material before it, without holding an oral hearing.
This may include:
- the original visa application documents
- the Department’s refusal decision
- written submissions
- supporting evidence provided by the applicant
- any further information requested by the Tribunal
In practical terms, applicants may not have the opportunity to explain their circumstances verbally at a hearing.
As a result, written evidence and submissions now carry greater importance. They should be clear, complete, well structured and supported by relevant evidence.
Which visa matters may be affected?
The amendments apply to reviews of decisions relating to temporary visas prescribed by the Migration Regulations 1994.
As at the date of publication, the key affected area identified is student visa refusal reviews.
From 1 June 2026, most student visa refusal review matters must be decided without an oral hearing.
This applies where:
- an applicant has already lodged a review of a student visa refusal, but the matter has not yet been constituted or assigned to a Tribunal member; or
- an applicant lodges a new review of a student visa refusal on or after 1 June 2026.
However, if an applicant has already received a hearing listing notice, the hearing is expected to proceed as planned.
Permanent visa and protection visa matters are not affected by these amendments
When may a student visa review still have a hearing?
There are limited exceptions.
A hearing may still be available where the student visa refusal relates to certain public interest criteria or special return criteria.
These may include issues involving:
- character concerns;
- health requirements or health waivers;
- integrity concerns, including false or misleading information;
- exclusion periods following previous visa refusals or cancellations;
- special return restrictions; and
- other specified public interest or compliance-related criteria.
Where an exception applies, the review may continue under existing processes that allow participation in a hearing.
New response deadlines apply
Applicants should pay close attention to ART correspondence.
Where the Tribunal invites an applicant to provide written submissions or evidence, strict response deadlines may apply.
In particular:
- applicants may have 28 days to respond to certain invitations for written submissions and evidence; and
- applicants may have 14 days to respond to certain requests for further information.
Failure to respond within the required timeframe may result in the review application being dismissed, although reinstatement may be available in appropriate circumstances.
Potential implications for applicants
These changes may have significant practical implications for applicants seeking merits review.
Where a matter is decided on the papers, applicants may not have the opportunity to:
- clarify concerns in person;
- respond verbally to issues raised by the Tribunal;
- provide oral evidence;
- answer questions from a Tribunal member; or
- correct misunderstandings during a hearing.
This means the review application should be treated as a written advocacy process from the outset.
Why this matters
The move towards more decisions being made on the papers highlights the importance of early preparation and strong written submissions.
For affected applicants, the review process may become less focused on oral advocacy and more dependent on the quality of the documents, evidence and legal submissions provided to the Tribunal.
Applicants should not assume they will have a later opportunity to explain their case at a hearing.
Where a visa refusal is being reviewed by the ART, timely and carefully prepared submissions may be critical to the outcome.
If your student visa has been refused, or your ART review may be affected by these changes, contact Migration Affairs for tailored assistance.
Contact Migrations Affairs to speak with our property experts for tailored advice on the circumstances and eligibility.
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