ART Changes in Administrative Review Procedures

Migration Update

Administrative Review Tribunal Bill 2025: Major Changes for Visa Applicants

The Australian Government has introduced the Administrative Review Tribunal and Other Legislation Amendment Bill 2025. This bill proposes significant changes in how the Administrative Review Tribunal (ART) conducts its reviews. If enacted, certain visa applications could be decided based solely on written submissions, eliminating the need for oral hearings in most temporary visa cases. This shift carries important implications for visa applicants, legal practitioners, and the broader Australian migration system.

What Is the Administrative Review Tribunal (ART)?

The Administrative Review Tribunal (ART) began operations on 14 October 2024, replacing the former Administrative Appeals Tribunal. The ART is Australia’s federal body responsible for reviewing government decisions under over 400 Commonwealth Acts. Its mission is to ensure decisions are fair, transparent, and to maintain public confidence in governance.It handles a wide range of cases, including migration, taxation, social security, and veterans’ affairs. Migration cases—particularly visa refusals—make up a significant portion of its caseload.

Why Is This Change Being Proposed?

Currently, ART conducts oral hearings in most matters, allowing applicants to present their arguments in person. However, these hearings are time-consuming, resource-intensive, and often cause delays.

The proposed bill would allow ART to decide certain cases “on the papers” — meaning via written submissions only. The government highlights these goals:

Increase Efficiency: Faster decisions, especially for temporary visas like student visas.
Ensure Proportionality: Adjust the level of review based on case complexity.
Maintain Access to Justice: Support genuine applicants while reducing misuse of the review process.

The Rapid Review into the Exploitation of Australia’s Visa System, presented by Ms. Christine Nixon AO, APM in March 2023, found that rigid procedures caused delays and led to unfair outcomes for genuine applicants. This review was a key driver behind the legislative change.

How Will the New Process Work?

Under the “on-the-papers” model, ART decisions will be based on written documents rather than in-person testimony. Key features include:

Written Submissions: Applicants submit all arguments and evidence in writing.
Right to Comment: Applicants can respond to key documents or evidence.
Document Access: Applicants can request access to documents used in the review.
Tribunal Discretion: ART may request additional documents or information as needed.
No Oral Hearing: A final decision may be made based on documents alone.

Note: Permanent and protection visas are excluded from this process due to their complexity. The change primarily affects temporary visas such as student visas.

Benefits of the New System

Faster Decisions: Reduce long wait times for applicants.
Lower Costs: Avoid travel and legal costs related to hearings.
Resource Allocation: Focus time and effort on complex cases.
Support for Genuine Applicants: Streamline reviews while deterring non-genuine claims.

However, applicants must now clearly communicate their case in writing, which may require professional legal assistance—especially for non-English speakers or those unfamiliar with legal documentation.

Emigrate Lawyers – Helping You Navigate ART Changes

Emigrate Lawyers offers experienced legal support to guide clients through the ART’s written review process. We help by:

Preparing comprehensive submissions: Clearly presenting your case in writing.
Explaining procedures: Helping you understand timelines, requirements, and expectations.
Maximizing success rates: Providing strategic legal insights for better outcomes.

With our support, applicants can confidently submit high-quality written cases without needing oral hearings.

FAQ: ART Decisions Without Oral Hearings

Q1: Will all visa reviews be decided without oral hearings?

A1: No. The change mainly applies to temporary visas. Permanent and protection visa applicants will still have access to oral hearings.

Q2: Can I submit extra evidence?

A2: Yes. You can include written submissions and additional documentation for review.

Q3: What if I prefer an oral hearing?

A3: The ART has discretion. While the law allows “on-the-papers” reviews, oral hearings may still be granted if fairness requires it.

Q4: How can a lawyer help?

A4: Legal professionals can ensure your submissions are complete, legally sound, and persuasive—boosting your chances of success.

Q5: Will this affect my appeal rights?

A5: No. You retain your rights to further review or appeal through the ART or the courts.

Conclusion

The Administrative Review Tribunal and Other Legislation Amendment Bill 2025 marks a major shift in Australia’s migration review framework. Allowing written-only reviews for temporary visa applications will increase efficiency, reduce delays, and prioritize fairness for genuine applicants.

For those navigating these changes, expert legal advice is essential. Emigrate Lawyers can guide you through this evolving process, ensuring your case is complete, compliant, and compelling.

This reform reinforces Australia’s commitment to fair, efficient, and high-quality migration decision-making.