On 3 September 2025, the Government introduced the Administrative Review Tribunal and Other Legislation Amendment Bill 2025 to Parliament, proposing changes to both the Administrative Review Tribunal Act 2024 (ART Act) and the Migration Act 1958.
On 3 September 2025, the Bill was introduced to Parliament, read for the first time, and the second reading was moved on the same day. The Bill aims to broaden the circumstances in which the ART can make decisions without holding an oral hearing.
Under the proposed changes, the ART may decide a matter entirely on the papers when the issues can be adequately resolved without a hearing, it is reasonable to make a decision without holding an oral hearing, and all parties have been given a fair opportunity to submit written evidence, which the ART takes into account in reaching its decision.
Changes to the Migration Act would require certain visa review applications to be conducted entirely on the papers, including reviews of decisions refusing student visas and reviews relating to prescribed temporary visas.
This also allows the Migration Regulations to specify additional temporary visa applications that must be reviewed without a hearing. Permanent visa and protection visa applications are not affected by this change.
Applications under the new requirement will be decided entirely based on written submissions, as outlined in new Division 4A of Part 5 of the Migration Act.
Click here: Administrative Review Tribunal and Other Legislation Amendment Bill 2025