Australia’s migration review system is set for a major procedural change from 18 May 2026, following the commencement of the Administrative Review Tribunal and Other Legislation Amendment Act 2026. The update will allow the Administrative Review Tribunal (ART) to decide certain temporary visa review matters “on the papers” without conducting an oral hearing.
This change is expected to impact how temporary visa refusals and cancellations are reviewed in the future and could significantly speed up processing times for eligible cases.
What Has Changed?
The Administrative Review Tribunal and Other Legislation Amendment Commencement Proclamation 2026 confirms that the new legislation officially starts on 18 May 2026.
Under the amendments, the ART will have broader powers to make decisions without holding an oral hearing when:
- the issues can be adequately determined without a hearing
- it is reasonable in the circumstances to make a decision without a hearing
- all parties have been given a reasonable opportunity to provide submissions
- the ART has considered all submissions received before making a decision
This means that in some migration review cases, applicants may no longer automatically receive a hearing before the Tribunal.
Which Visa Applications Will Be Affected?
The amendments specifically apply to certain temporary visas that may later be prescribed under the Migration Regulations.
At this stage, no temporary visa subclasses have yet been prescribed. However, once regulations are introduced, affected visa applicants could have their review matters decided solely based on:
- written submissions
- supporting evidence
- documents already on file
without appearing before the Tribunal in person or online.
Permanent and Protection Visas Not Affected
Importantly, the changes will not apply to:
- permanent visa review matters
- protection visa applications
These applicants will continue to have access to existing hearing arrangements under the current ART review framework.
What Does “Decision on the Papers” Mean?
A decision “on the papers” means the Tribunal reviews all available documents and written submissions and makes a final decision without conducting a formal hearing.
This approach is already used in some legal and administrative matters where:
- the facts are straightforward
- the issues are not disputed
- sufficient evidence has already been provided
For migration applicants, this highlights the growing importance of:
- strong initial applications
- detailed supporting documents
- well-prepared written submissions
Possible Impact on Temporary Visa Applicants
The new process could create both advantages and challenges.
Potential Benefits
- Faster review processing times
- Reduced waiting periods
- Lower administrative burden
- Greater efficiency for straightforward cases
Potential Concerns
- Less opportunity to explain circumstances verbally
- Increased importance of written evidence
- Applicants may need stronger professional representation
- Risk of important details being overlooked without a hearing
Migration agents and legal representatives are expected to closely monitor which visa subclasses become prescribed under the new regulations.
Why This Matters
The ART reforms are part of the Australian Government’s broader effort to improve the efficiency of migration review processes and reduce case backlogs.
For students, graduates, visitors, and temporary visa holders, these changes may alter how appeals are prepared and presented in the future.
Anyone lodging a review application after 18 May 2026 should ensure:
- documents are complete and accurate
- submissions clearly address refusal reasons
- evidence is provided upfront wherever possible
Final Thoughts
Although no temporary visas have yet been officially prescribed under the new rules, the legislative changes mark a significant shift in Australia’s migration review system.
As further regulations are introduced, temporary visa applicants should stay informed and seek professional advice where necessary to maximise their chances of success before the ART.
For the latest migration and visa updates in Australia, continue following official government announcements and migration law developments.