Administrative Review Tribunal Bill 2025: What It Means for Visa Applicants
In November 2025, the Australian Parliament advanced new legislation that could significantly change how certain visa review matters are handled. The Administrative Review Tribunal and Other Legislation Amendment Bill 2025 proposes expanding the ability of the ART to decide cases without holding an oral hearing — a shift that could affect thousands of student and temporary visa applicants.
If passed, this Bill will impact how decisions are reviewed, which applicants are entitled to a hearing, and how written submissions are treated in immigration appeals.
👉 Need help preparing a visa review application? Book a free discovery call with One Planet Migration today.
Key Takeaways
The ART could decide more cases “on the papers” without an oral hearing.
Student visa refusals and certain temporary visas would require paper-based review.
Permanent visa and protection visa reviews will not be affected.
The Senate Committee recommends changes to ensure fairness and efficiency.
What Is the Administrative Review Tribunal (ART)?
The Administrative Review Tribunal (ART) is the new federal body that has taken over the functions of the former Administrative Appeals Tribunal (AAT). It conducts independent merit reviews of government decisions, including those made under Australia’s Migration Act 1958.
What’s Changing Under the 2025 Amendment Bill?
The Administrative Review Tribunal and Other Legislation Amendment Bill 2025 proposes several key changes designed to streamline tribunal proceedings and reduce backlogs — particularly for high-volume visa categories like student visa review applications.
Expanded Use of “On the Papers” Decisions
The Bill allows the ART to decide matters without an oral hearing where:
The issue can be determined without one,
It’s reasonable in the circumstances, and
All parties have had a fair chance to provide written submissions.
This change gives the ART more discretion and flexibility to resolve cases efficiently.
Mandatory “On the Papers” Reviews for Some Visa Applications
Amendments to the Migration Act go a step further — introducing mandatory paper-based review for:
Student visa refusals, and
Certain temporary visa refusals, with additional categories to be prescribed in the Migration Regulations.
These applications will be decided under a new Division 4A of Part 5 of the Migration Act, which mandates written-only decisions — no hearings, no oral evidence, no direct appearances.
Who Is Not Affected?
The Bill does not apply to:
Permanent visa reviews, including skilled migration or family visa appeals.
Protection visa reviews, where oral testimony may be critical to assessing claims.
These types of applications will still receive a hearing, where appropriate, preserving procedural fairness in complex or sensitive cases.
Progress Through Parliament
As of 3 November 2025, the Bill:
Was passed by the House of Representatives,
Was introduced and read in the Senate, with a second reading moved,
And was referred to the Senate Legal and Constitutional Affairs Committee.
The Committee’s report, tabled on 6 November 2025, supports the Bill but recommends:
Allowing oral reasons in some decisions,
Extending delegation powers to the ART Deputy President, and
Prescribing student visa refusals for mandatory review on the papers.
📄 You can read the full Bill, explanatory memoranda, and Committee report via the Australian Parliament House website.
What This Means for Visa Applicants
If you’ve had a student visa or temporary visa refused:
You may not be entitled to a hearing under the proposed changes.
Your entire review would be decided on your written submission alone.
It’s critical that your application is legally sound, well-documented, and persuasive.
📌 Tip: Strong written submissions are now more important than ever. Seeking expert legal guidance can improve your chances of success.
What This Means for HR and Sponsors
For HR teams managing temporary visa holders:
Be aware that employees facing visa refusals may have limited rights of appeal.
Support staff by referring them to migration professionals early in the process.
Employers may also need to adjust timelines or contingency plans based on these streamlined review processes.
FAQs
What does “on the papers” mean?
A decision “on the papers” means the tribunal will decide your case without a hearing, using only the documents and written submissions you provide.
Will I be told if my case is being reviewed on the papers?
Yes. The ART must notify applicants and give them a reasonable opportunity to make written submissions before making a decision.
Can I still request a hearing?
Not in cases where the Migration Act requires decisions to be made on the papers — such as student visa refusals once the changes are in effect.
Is this law already in place?
No. The Bill is still before the Senate. If passed, it will likely come into effect following Royal Assent, potentially in early 2026.
Disclaimer: The information provided in this article is meant for general informational purposes only and should not be interpreted as legal advice. Although we strive to provide accurate and useful information, the nuances of Australian immigration law demand personalised advice from legal professionals. Given the dynamic nature of migration regulations, it is essential to consult with experienced immigration experts for up-to-date guidance.
