Australia is preparing an important reform that will directly affect students whose visas are refused and who decide to seek review. In February 2026, Parliament passed the Administrative Review Tribunal and Other Legislation Amendment Bill 2025. The reform expands the circumstances in which the Administrative Review Tribunal (ART) may determine certain migration matters without holding a hearing.
The law has passed Parliament, but it is not yet in force. It will commence on a date fixed by official proclamation or automatically six months after Royal Assent, whichever occurs first. Until that commencement date is formally declared, the current procedural framework remains in place.
The law has passed Parliament, but it is not yet in force. It will commence on a date fixed by official proclamation or automatically six months after Royal Assent, whichever occurs first. Until that commencement date is formally declared, the current procedural framework remains in place.
Understanding this timeline is essential not only for students considering lodging a review, but also for those who are already in the review process before the ART.
What Is the Administrative Review Tribunal?
The Administrative Review Tribunal reviews a wide range of Commonwealth administrative decisions, including migration decisions such as visa refusals and certain visa cancellations. When conducting merits review, the ART reassesses the facts, law and policy to determine whether the original decision should be affirmed, varied or set aside.
Under the current framework, most migration review applications involve written submissions and the opportunity to present documents to the Tribunal, followed by a hearing if the member considers it necessary in the particular case. In practice, hearings are commonly conducted.
What Exactly Will Change?
The amendments introduce a new Division 4A into Part 5 of the Migration Act 1958. Once the law is in force, the ART will be required to determine certain reviewable migration decisions without a hearing and solely on the basis of the material before it.
Specifically, decisions to refuse the grant of a student visa will be required to be determined on the papers. For these matters:
• the Tribunal must decide the case without a hearing
• there is no entitlement for the applicant to appear before the Tribunal
• the decision must be made based on the written material provided
Importantly, permanent visa decisions and reviewable protection decisions are not required to be determined on the papers. However, even in those cases, the Tribunal retains discretion under the amended ART Act to dispense with a hearing where it considers that the issues can be adequately determined in the absence of the parties and that doing so would be reasonable in the circumstances.
Why Is the Government Making This Change?
The reform occurs in the context of a significant increase in student visa review applications.
Statistics published by the Tribunal show a rapid growth in active student visa refusal cases over the past two years. The increase has been attributed to a range of factors, including higher refusal rates following the introduction of the Genuine Student requirement and post-pandemic migration policy adjustments.
The Government has stated that the amendments are intended to improve efficiency and allow the Tribunal to tailor procedures proportionately to the issues in dispute. The reform also reflects recommendations made in the Nixon Review report, which suggested that review of student visa refusals be conducted on the papers.
What Does This Mean in Practice?
Once the law is in force, the absence of a hearing in most student visa refusal matters will significantly increase the importance of:
• a well prepared initial visa application
• clear and consistent Genuine Student evidence
• comprehensive documentary support
• carefully structured written submissions at review stage
Under the new Division 4A, the Tribunal will still be required to invite the applicant to provide written submissions and to comment on any adverse information. However, there will be no opportunity to clarify inconsistencies orally before a member.
For applicants who previously relied on the hearing as an opportunity to explain complex personal circumstances, the procedural shift may increase the risk of affirmation of the Department’s decision where written evidence is insufficient.
Frequently Asked Questions
Will student visa reviews be decided without a hearing?
Yes. Once the amendments commence, decisions to refuse the grant of a Student visa will be required to be determined on the papers without a hearing, subject to limited statutory exceptions.
Are permanent visas affected?
Permanent visas and protection visa decisions are not required to be reviewed on the papers. However, the Tribunal retains discretion to decide those matters without a hearing where the statutory criteria for dispensing with a hearing are met.
Will review outcomes change?
There is a real possibility that affirmation rates may increase in certain categories of student visa refusals. Previously, some applicants were able to clarify concerns directly during a hearing. Under a paper based process, the Tribunal will rely exclusively on written material, which reduces procedural flexibility.
Is it still possible to go to court after a Tribunal decision?
Yes. The amendments do not affect the right to seek judicial review before the Federal Court or the Federal Circuit and Family Court on questions of law. Court review remains limited to legal error and does not involve a reassessment of facts.
Final Thoughts
What Is the Administrative Review Tribunal?
The Administrative Review Tribunal reviews a wide range of Commonwealth administrative decisions, including migration decisions such as visa refusals and certain visa cancellations. When conducting merits review, the ART reassesses the facts, law and policy to determine whether the original decision should be affirmed, varied or set aside.
Under the current framework, most migration review applications involve written submissions and the opportunity to present documents to the Tribunal, followed by a hearing if the member considers it necessary in the particular case. In practice, hearings are commonly conducted.
What Exactly Will Change?
The amendments introduce a new Division 4A into Part 5 of the Migration Act 1958. Once the law is in force, the ART will be required to determine certain reviewable migration decisions without a hearing and solely on the basis of the material before it.
Specifically, decisions to refuse the grant of a student visa will be required to be determined on the papers. For these matters:
• the Tribunal must decide the case without a hearing
• there is no entitlement for the applicant to appear before the Tribunal
• the decision must be made based on the written material provided
Importantly, permanent visa decisions and reviewable protection decisions are not required to be determined on the papers. However, even in those cases, the Tribunal retains discretion under the amended ART Act to dispense with a hearing where it considers that the issues can be adequately determined in the absence of the parties and that doing so would be reasonable in the circumstances.
Why Is the Government Making This Change?
The reform occurs in the context of a significant increase in student visa review applications.
Statistics published by the Tribunal show a rapid growth in active student visa refusal cases over the past two years. The increase has been attributed to a range of factors, including higher refusal rates following the introduction of the Genuine Student requirement and post-pandemic migration policy adjustments.
The Government has stated that the amendments are intended to improve efficiency and allow the Tribunal to tailor procedures proportionately to the issues in dispute. The reform also reflects recommendations made in the Nixon Review report, which suggested that review of student visa refusals be conducted on the papers.
What Does This Mean in Practice?
Once the law is in force, the absence of a hearing in most student visa refusal matters will significantly increase the importance of:
• a well prepared initial visa application
• clear and consistent Genuine Student evidence
• comprehensive documentary support
• carefully structured written submissions at review stage
Under the new Division 4A, the Tribunal will still be required to invite the applicant to provide written submissions and to comment on any adverse information. However, there will be no opportunity to clarify inconsistencies orally before a member.
For applicants who previously relied on the hearing as an opportunity to explain complex personal circumstances, the procedural shift may increase the risk of affirmation of the Department’s decision where written evidence is insufficient.
Frequently Asked Questions
Will student visa reviews be decided without a hearing?
Yes. Once the amendments commence, decisions to refuse the grant of a Student visa will be required to be determined on the papers without a hearing, subject to limited statutory exceptions.
Are permanent visas affected?
Permanent visas and protection visa decisions are not required to be reviewed on the papers. However, the Tribunal retains discretion to decide those matters without a hearing where the statutory criteria for dispensing with a hearing are met.
Will review outcomes change?
There is a real possibility that affirmation rates may increase in certain categories of student visa refusals. Previously, some applicants were able to clarify concerns directly during a hearing. Under a paper based process, the Tribunal will rely exclusively on written material, which reduces procedural flexibility.
Is it still possible to go to court after a Tribunal decision?
Yes. The amendments do not affect the right to seek judicial review before the Federal Court or the Federal Circuit and Family Court on questions of law. Court review remains limited to legal error and does not involve a reassessment of facts.
Final Thoughts
This reform signals a clear policy direction: streamlined procedures, greater reliance on written material and a stronger emphasis on front-end compliance.
For Student visa applicants, the message is straightforward. The application must be accurate, consistent and properly supported from the outset. Under a paper based review system, there is significantly less opportunity to remedy weaknesses after a refusal.
If you are applying for a Student visa or considering seeking review of a refusal decision, understanding how and when these amendments take effect is critical. Our migration lawyer can assist you in assessing your position and preparing a strategy tailored to the new procedural framework.