The 2026 Administrative Review Tribunal and Other Legislation Amendment Act (Cth) introduces “on‑the‑papers” assessments for many migration review applications, with student visa refusals being the primary focus.
What the amendment does
- Amends the Administrative Review Tribunal Act 2024 and the Migration Act 1958 to allow decisions without a hearing when the issues can be resolved on the record.
- Restricts certain review applications to “on‑the‑papers” determinations only, as set out in the Migration Regulations 1994 (Cth).
- Applies to all new applications and to pending applications that have not yet been decided.
Why the change is being introduced
- The Administrative Review Tribunal (ART) reported that migration and protection visa applications made up 88 % of its workload in the 2024‑25 annual report – 99,462 of 112,591 applications.
- Only 47 % of new and on‑hand migration applications were finalised within 12 months, a slowdown driven largely by the surge in student‑visa review cases.
- Adding more tribunal members has not kept pace with the volume, prompting a shift toward decisions that can be made without a full hearing.
Criteria for “on‑the‑papers” decisions
A decision without a hearing may be made only when:
- The issues are determinable from the written record – the tribunal can resolve the matter based on documents and submissions alone.
- It is reasonable in the circumstances to forgo a hearing – the tribunal must consider factors such as the complexity of the case and any potential prejudice to the applicant.
- The parties are given a reasonable opportunity to make submissions – applicants must be allowed to present their case on the relevant issues in writing.
If an applicant fails to submit any material within the prescribed period, the ART can dismiss the application without a hearing.
How the natural‑justice requirement is satisfied
- The amendment provides an exhaustive statement of the natural‑justice hearing rule, ensuring that the right to be heard is met through written submissions.
- The ART must consider all submissions received before deciding, even though no oral hearing will take place.
Practical implications for student‑visa applicants
- Written advocacy becomes critical – most student‑visa refusals are based on the “genuine student” requirement; applicants must now rely on the quality of their written arguments and supporting evidence.
- Timelines may shorten – decisions that would previously have required a hearing could be resolved more quickly, though the exact speed will depend on the tribunal’s workload.
- Limited scope for future hearings – if a case is deemed unsuitable for an “on‑the‑papers” assessment, the Regulations will clarify when a full hearing is still required.
What applicants should do
- Prepare comprehensive written submissions addressing every issue the tribunal may consider, especially evidence of enrolment, course relevance, and financial capacity.
- Submit within the deadline given by the ART; failure to do so may result in automatic dismissal.
- Monitor future regulatory updates, as the scope may expand beyond student visas to other temporary visa categories.
The shift to “on‑the‑papers” assessments aims to alleviate the ART’s backlog, but it places greater emphasis on applicants’ ability to present a clear, well‑documented case in writing.
Source article: www.peakmigration.com.au
