The Administrative Review Tribunal and Other Legislation Amendment Act 2026, which commenced on 18 May 2026, has introduced a significant procedural change to the way certain temporary visa review applications are determined by the Administrative Review Tribunal (ART). For a defined and expanding category of temporary visa applicants, the right to an oral hearing before the Tribunal has been removed. Reviews will instead be conducted entirely on the papers.
The Legislative Framework
The new section 367C of the Migration Act 1958 empowers the ART to determine temporary visa review applications without conducting an oral hearing where the decision under review relates to a temporary visa and the application is of a kind prescribed by regulations. Permanent visas and protection visas are expressly excluded from this regime, in recognition that those matters can involve greater complexity and, in the case of protection visas, a more vulnerable cohort of applicants.
Student visas are the first category confirmed under this process. However, the regulation-making power is broad, and the on-the-papers process is designed to expand to other temporary visa categories over time.
How the Process Works
Under the on-the-papers model, applicants will not receive a notice of hearing. Instead, they will receive a notice that their matter will be determined on the papers, together with a timetable for the provision of evidence and written submissions. There is no oral component to the process. The Tribunal will make its decision based solely on the written material before it.
This is a single-round process. Applicants have one opportunity to put all relevant evidence and arguments before the Tribunal. There is no mechanism to clarify evidence, respond to issues raised during a hearing, or address the Tribunal member directly.
Visa Categories Affected
Student visas are confirmed as the first visa type subject to this regime. As regulations are progressively promulgated, other temporary visa categories may be prescribed, which could include but may not be limited to:
- Student visa (Subclass 500)
- Visitor visas
- Temporary Skill Shortage visas
- Other prescribed temporary visa categories
Applicants holding or applying for any temporary visa who face a refusal and seek ART review should proceed on the basis that their matter may be determined on the papers.
Implications for Written Submissions
The removal of the oral hearing fundamentally changes the nature and standard of preparation required for an ART review. In the oral hearing model, issues could be clarified, evidence addressed, and arguments developed in response to the Tribunal’s questions. That process no longer applies.
Under the on-the-papers model, written submissions must independently and comprehensively address every issue that was decided against the applicant in the refusal decision. This requires:
- Precise identification of each ground of refusal
- Targeted rebuttal of the delegate’s findings with supporting evidence
- Evidence presented in appropriate form, including statutory declarations where required
- Legal submissions that are structured, accurate, and directly responsive to the criteria under review
- Anticipation of any additional issues the Tribunal may consider relevant
Any gap in the submissions or evidence cannot be remedied after the fact. The Tribunal will determine the matter on what is before it.
The Importance of Expert Representation
Given the single-round nature of the on-the-papers process, the standard of preparation required is considerably higher than what may have been sufficient under the oral hearing model. A poorly constructed submission that fails to address the delegate’s findings, presents evidence in an inadequate form, or does not engage with the relevant legislative criteria will not be supplemented by any further opportunity to present the case.
For applicants whose cases involve complexity, including multiple grounds of refusal, extended immigration histories, or nuanced factual circumstances, expert legal representation is critical to ensuring that the Tribunal has before it a complete, well-structured, and persuasive submission.
A Recent Example
In a recent matter handled by our Associate Anthony Le, the ART determined a student visa review entirely on the papers. The matter involved a number of factual complexities that had been identified as grounds for refusal by the delegate. The Tribunal found in the applicant’s favour, setting aside the refusal decision and remitting the application for reconsideration. The outcome was achieved without an oral hearing, based solely on the written submissions and evidence prepared on the applicant’s behalf.
Contact NB Migration Law
If you have received a visa refusal and are considering an application for review before the Administrative Review Tribunal, contact NB Migration Law today. Our team has the technical expertise to prepare thorough, well-reasoned submissions that address the specific grounds of your refusal and give your review the best possible prospect of success.