ART Visa Review Update 2026: Paper-Based Reviews Start 18 May 2026
Major ART Update: Paper-Based Reviews Commence from 18 May 2026
Important changes are coming to the way the Administrative Review Tribunal (ART) decides certain migration review matters.
A proclamation registered on 14 May 2026 has fixed 18 May 2026 as the commencement date for Schedule 1 to the Administrative Review Tribunal and Other Legislation Amendment Act 2026. This means the new rules affecting some visa refusal reviews will begin from 18 May 2026.
The key practical change is that the ART will be required to decide certain temporary visa refusal reviews without holding an oral hearing. In other words, the ART may decide some matters “on the papers” based on written submissions and documentary evidence.
What Has Changed?
The changes amend both the Migration Act 1958 and the Administrative Review Tribunal Act 2024.
According to the Attorney-General’s media release, the legislation aims to strengthen the ART by allowing it to decide matters more flexibly using written material, where appropriate, instead of requiring an oral hearing in every case. The Government stated that oral hearings consume significant time and resources, and these reforms aim to help the Tribunal resolve applications more quickly and efficiently.
For migration matters, the amendments to the Migration Act 1958 require the Tribunal to review certain temporary visa decisions without an oral hearing. The types of decisions covered will be prescribed by regulation, with the Government indicating that it intends to apply the process to student visa refusal matters in the first instance.
Why is this change in ART Important for Student Visa Refusal Reviews?
This change is particularly significant for applicants seeking review of a student visa refusal.
Previously, many applicants expected a chance to attend an ART hearing. They could explain their situation, answer questions, and address concerns directly. Under the new framework, the ART may instead decide certain matters based only on:
- the Department’s decision record;
- documents already before the Tribunal;
- written submissions;
- further written evidence provided in response to Tribunal directions or invitations.
The ART published an update on 16 March 2026 confirming that the changes to the Migration Act require the Tribunal to make decisions about reviews of certain temporary visa refusals without holding an oral hearing, and that the Government intends to apply this process to student visa refusals first.
Written Submissions Will Become More Important in ART Visa Reviews
For affected applicants, the written submission may effectively become the main opportunity to present the case.
This means applicants should not treat written submissions as a formality. When the Tribunal does not hold an oral hearing, the Tribunal Member decides the review based on written evidence and arguments.
A strong written submission should clearly address:
- why the Department’s refusal decision should be set aside;
- the relevant visa criteria;
- the applicant’s personal circumstances;
- any concerns raised in the refusal decision;
- supporting documents and evidence;
- any changes since the Department’s original decision;
- legal and factual reasons supporting a favourable outcome.
Does This Apply to All Visa Refusal Reviews?
No. The changes are targeted.
The new mandatory paper-based process applies to certain temporary visa refusal reviews, with the Government intending to start with student visa refusal matters. The specific decisions covered will depend on regulations and Tribunal implementation.
The broader amendments to the Administrative Review Tribunal Act also allow the Tribunal to make decisions without oral hearings in some other situations. However, the Tribunal’s discretion is not unlimited. The Attorney-General’s release states that the Tribunal may only exercise this discretion where the matter can be determined without a hearing, it is reasonable to do so, and parties are given an opportunity to make submissions about whether a hearing is required.
Why is the Government Making This Change in ART Visa Reviews?
The stated purpose of the reform is to improve efficiency and manage the ART’s increasing caseload.
The ART has confirmed that the aim is to speed up the review process by allowing the Tribunal to manage its caseload more flexibly.
The Attorney-General’s media release also states that the reforms were informed by the 2023 Rapid Review into the Exploitation of Australia’s Visa System, commonly known as the Nixon Review. The Government has described the changes as supporting efficient and proportionate review while maintaining the ability for applicants to present their case in writing.
What About Reviews That Have Already Been Lodged?
Applicants who have already lodged a review should pay close attention to communications from the ART.
The ART states that applicants who have already submitted an application for review of a temporary visa refusal do not need to contact the Tribunal, and that the Tribunal will contact them if it changes how the review is carried out.
However, applicants should not wait passively. If the new paper-based process affects a matter, the quality of the written material on file becomes critical.
Practical Tips for Affected Visa Applicants
If you have a student visa refusal or another temporary visa refusal before the ART, you should consider taking the following steps:
- review the Department’s refusal decision carefully;
- identify every issue the Department relied on;
- prepare a detailed written submission addressing each issue;
- provide supporting evidence early;
- avoid generic statements or unsupported claims;
- respond to Tribunal correspondence by the deadline;
- keep contact details updated with the ART;
- seek legal advice before lodging further material.
In a paper-based review, unclear evidence may remain unclear. Missing documents may remain missing. Applicants should assume that their written material may need to carry the entire case.
What This Means for Migration Lawyers and Representatives?
For migration lawyers and registered migration agents, the reform increases the importance of written advocacy.
In affected matters, representatives may need to prepare submissions that are comprehensive, structured and evidence-based from the outset. The submission should anticipate potential Tribunal concerns, explain the relevance of documents, and clearly link the evidence to the legal criteria.
This is especially important in student visa refusal reviews, where issues may include genuine student criteria, financial capacity, immigration history, study progression, English language evidence, or inconsistencies in previous applications.
Key Takeaway
From 18 May 2026, the ART will begin operating under new rules that allow, and in some cases require, certain reviews to be decided without an oral hearing.
For applicants, especially those with student visa refusal reviews, this is a significant procedural change. The focus will shift more heavily to written submissions and documentary evidence.
A well-prepared written case may now be the difference between success and refusal at review.
Need Help with an ART Visa Review?
At Emigrate Lawyers, we assist clients with ART review applications, student visa refusals, temporary visa refusals, written submissions, evidence preparation and complex migration matters.
If your visa has been refused or you have an ART review currently pending, contact our team as early as possible so your case can be properly prepared before a decision is made on the papers.
Disclaimer: This article provides general information only and is not legal advice. Migration law and Tribunal procedures may change, and applicants should obtain advice based on their individual circumstances.
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