In 2026, the Administrative Review Tribunal (ART) is experiencing a record backlog driven by a surge in migration appeals and National Disability Insurance Scheme (NDIS) disputes. Despite reforms intended to improve efficiency and accessibility, applicants are facing extended delays, higher evidentiary thresholds, and increased legal costs while awaiting decisions.
The Administrative Review Tribunal under pressure
The Administrative Review Tribunal (ART), Australia’s federal merits review body, has issued an urgent briefing regarding a mounting backlog of cases. Established in late 2024 to address the inefficiencies of its predecessor, the Administrative Appeals Tribunal (AAT), the ART was designed to deliver faster, more transparent, and more accessible review outcomes.
By 2026, however, a convergence of legal, policy, and operational factors has created what tribunal officials describe as a “perfect storm”. Migration appeals and NDIS disputes now dominate the tribunal’s workload, stretching its resources to their limit.
Why the ART backlog has increased in 2026
Several developments have contributed to the rapid expansion of unresolved matters before the tribunal.
Migration appeal surge
Tighter migration policy settings have resulted in a sharp increase in student visa refusals and protection visa cancellations. A significant proportion of these decisions are now being appealed to the ART, substantially increasing lodgement volumes.
NDIS funding disputes
Following the NDIS Amendment (Getting the NDIS Back on Track No. 1) Act 2024, changes to budget-setting processes and the definition of “allowable supports” have triggered a rise in participants seeking external merits review of their funding plans.
Legacy case migration
Although the ART introduced a new digital case management system, a large volume of legacy matters transferred from the former AAT continues to slow processing times. These older cases often involve incomplete records or outdated procedural requirements, adding to administrative complexity.
What ART delays mean for migration clients
For visa applicants challenging refusals or cancellations, the backlog has immediate and practical consequences.
Most applicants remain in Australia on a Bridging Visa A (BVA) while awaiting a tribunal decision. While this generally permits lawful stay, extended wait times can create ongoing uncertainty around employment continuity, travel rights, and long-term planning.
To manage the backlog, the ART is also making increased use of its powers to summarily dismiss applications considered to be unmeritorious. This has raised the effective threshold for review, making the quality and completeness of written submissions at lodgement more critical than ever.
As matters remain unresolved for longer periods, applicants may also face increased legal costs associated with maintaining up-to-date evidence, such as English language test results, health examinations, or character documentation.
Impact of ART delays on NDIS participants
NDIS-related matters are no longer a peripheral component of the tribunal’s workload. They are now one of the primary drivers of case volume.
For participants, prolonged delays mean that disputed funding for essential therapies, assistive technology, or support services often remains frozen at existing levels while the review is pending. This can result in significant support gaps, particularly for participants with complex or deteriorating needs.
At the same time, the NDIS Quality and Safeguards Commission has reported a parallel rise in complaints, suggesting growing frustration with both initial decision-making processes and the pace of external review.
Systemic issues contributing to ART delays
Beyond raw case numbers, several structural challenges are compounding delay across the tribunal.
Recent High Court decisions have reshaped the application of procedural fairness in migration law, requiring the ART to spend additional time on each matter to reduce the risk of judicial review.
There is also a shortage of tribunal members with specialist expertise in disability, medical, and functional assessments. Demand for these members significantly exceeds supply, leading to extended waiting periods even before matters are listed.
While the ART’s transition to a paperless system has improved long-term efficiency, many legal practitioners are still adapting to new digital processes, creating short-term administrative friction.
Government reform efforts and the path forward
In response to mounting delays, the Federal Government has introduced a range of measures aimed at stabilising the tribunal’s workload.
The ART is increasingly determining suitable migration matters on the papers, without oral hearings, particularly in straightforward student visa cases. While this approach can accelerate outcomes, it places greater emphasis on the quality of written submissions.
For NDIS disputes, an Early Assessment and Resolution (EAR) initiative has been introduced to resolve matters through alternative dispute resolution before they proceed to a full hearing.
Additional funding allocated in the 2025–26 Federal Budget is being used to recruit more full-time tribunal members and legal support staff, though the impact of these measures will take time to materialise.
Frequently asked questions
How long will I have to wait for an ART decision in 2026?
Timeframes vary by case type. Family and partner visa appeals are currently among the longest, often exceeding three years. Student visa appeals commonly take between 12 and 24 months. Many NDIS disputes are resolved within six to nine months, but matters proceeding to a full hearing may take longer than a year.
Can I stay in Australia while waiting for my migration appeal?
In most cases, yes. Applicants who lodge an appeal while in Australia generally remain on a Bridging Visa A. It is important to confirm ongoing validity and understand any work or travel restrictions attached to the visa.
What is a “decision on the papers”?
A decision on the papers allows the ART to determine a matter without an oral hearing. This is increasingly used in migration cases to reduce backlog. In these matters, written submissions and evidence must be comprehensive and decision-ready at lodgement.
Can I fast-track my appeal in urgent circumstances?
The ART may prioritise cases involving exceptional hardship, such as serious illness or significant financial distress. A formal request for expedition must be supported by evidence. A limited fast-track trial for certain student and visitor visa streams commenced in March 2026, with strict eligibility criteria.
What happens if the NDIA has not completed an internal review?
Under current settings, if the NDIA fails to complete an internal review within 90 days, the ART may be able to review the decision directly. This deemed refusal pathway is intended to prevent matters becoming stalled before reaching the tribunal.
Final note
This information is general in nature and does not constitute legal advice. Outcomes depend on individual circumstances, applicable legislation, and current policy settings.
About No Borders
No Borders advises individuals, families, and organisations across Australia on complex administrative and migration matters, including ART reviews, NDIS disputes, and migration appeals. A complimentary initial consultation is available for eligible clients to discuss their circumstances.