Administrative Review Tribunal and Other Legislation Amendment Act 2026

Australia’s visa appeal system is changing and temporary visa holders need to be ready. Recent reforms mean that many student and other temporary visa refusal appeals will now be decided by the Administrative Review Tribunal based solely on written submissions, with no hearing at all. This shift makes strong, strategic written submissions more critical than ever. In this blog, we break down what’s changed, who it affects, and how to position your appeal for the best possible outcome.

Previously, you could expect an in-person hearing to present your case directly to the Tribunal. The new legislation shifts many appeals toward a paper-based process, for instance, student visa refusals will be reviewed this way by default, and the rules may expand this approach to other temporary visas as well. Notably, permanent residency and protection visa cases still primarily involve hearings. However, the Tribunal will retain discretion to dispense with oral hearings for these matters if it deems it appropriate.

Who Is Impacted? Temporary Visa Holders, Especially Students

These changes primarily affect temporary visa holders in Australia, with a particular focus on international students. If your student visa application was declined while you were in Australia, your challenge to the ART will now be considered only on written submissions.

Regulations may also extend this review method to other types of temporary visas, such as certain work or skilled visas, in both refusal and cancellation scenarios.

On the other hand, appealing permanent or protection visas will generally retain access to an oral hearing, as these situations often require a deeper review. Still, remember that the Tribunal has expanded authority to forego hearings whenever it finds them unnecessary.

Core Reasons Behind the Changes: Speed and Equity

Nixon Review Accelerate Decisions

Officials claim these updates balance speed and cost savings with fair treatment of genuine applicants. Essentially, the Tribunal will adapt its processes to the complexity of each case, but for most cases, face-to-face hearings will become rare.

How Does the New Written Review Work?

If your appeal is set for paper-based consideration, here’s what you should expect:

➡️ Written Submissions: You’ll need to provide all relevant arguments and evidence in writing, since the Tribunal won’t meet you personally. Your entire case must be detailed in your submission.

➡️ Document Review: The Tribunal offers an opportunity to examine key materials and respond. If the Department of Home Affairs submits reports, you may request access (with some limitations) and reply in writing.

➡️ Usually No Hearing: After reviewing submissions, a Tribunal member decides based solely on the paperwork. Exceptions are rare and must be justified in writing.

➡️ Access to Documents: You can request copies of most documents used in the immigration decision, except for sensitive personal data. You’ll typically have the main evidence and can comment on it.

➡️ Tribunal Discretion: The Tribunal may skip hearings when it believes matters can be fairly handled through written records. It must give you a chance to submit written arguments before making any ruling.

In summary, your visa appeal outcome will depend entirely on the quality of your written submission.

What Should Applicants Do? Prepare Strong Written Materials

To adjust to this new system, temporary visa holders especially students, should:

➡️ Collect Evidence Quickly: Assemble all documents related to your situation, like educational transcripts, academic recommendations, job contracts, sponsor letters, references, and any compassionate details.

➡️ Write Clearly and Thoroughly: Craft a comprehensive written statement explaining your circumstances and supporting your case. Include every relevant fact or piece of evidence , don’t assume anything will be remembered unless you spell it out.

➡️ Meet Deadlines: Carefully follow instructions from the Tribunal and submit everything on time, especially when asked to comment.

➡️ Request the Needed Documents: If there are important reports you don’t have, formally request access from the Department of Home Affairs so you can address them.

➡️ Emphasise Key Issues: Highlight in your submission why an oral hearing isn’t necessary or, if you believe one is needed, clearly explain why in writing.

Why Thorough Written Submissions Matter Now

Since the Tribunal likely won’t hear you directly, your documents are your sole means of communication. Treat your submission like a letter to a judge, if you miss any detail or fail to clarify something, you won’t get another opportunity. What you submit will form the complete basis for decision-making.

A well-crafted written argument can be the deciding factor. Tell your story clearly and reference relevant laws. If your refusal resulted from a mistake or a missing file, explain the mistake or missing file and provide proof. If you rely on human rights or compassionate factors, supply supporting evidence. Organise your writing for maximum impact.

You only get one shot

How Easy Aussie Migration Supports You!

Here’s what we offer:

➡️ Expertly Crafted Submissions: We help produce clear, detailed documents that include all essential facts and evidence, including caselaw.

➡️ Legal and Policy Guidance: Staying current with migration law and Tribunal practices, our team tailors your submission for optimal results.

➡️ Evidence Management: Assistance in gathering and organising paperwork, from university letters to personal statements and all ancillary materials, to strengthen your case.

➡️ Procedural Support: We manage deadlines and paperwork to ensure compliance with all Tribunal requirements.

➡️ Maximising Success: our background helps anticipate and address potential problems, presenting your case in the most credible way

Under the new system, your writing is the only voice the Tribunal will hear. Don’t go through this complex process by yourself, contact Easy Aussie Migration for expert guidance at every step. With our professional support, you can approach your appeal confidently even without a hearing. The firm offers personalised consultations to strategise for your circumstances.

Interested in discussing your appeal? Contact us today