Changes to how the Administrative Review Tribunal decides migration decisions

On 3 September 2025, Parliament introduced the Administrative Review Tribunal and Other Legislation Amendment Bill 2025.

The Bill would amend the Migration Act 1958 so that the Administrative Review Tribunal (ART), could make some migration decisions without holding a hearing. This is more commonly referred to as a decision made ‘on the papers.’

Currently, the Tribunal can only skip a hearing before making a decision in limited situations - for example, if the applicant agrees to a decision being made just on the paperwork, or if the outcome will clearly be in the applicant’s favour and a hearing isn’t needed.

If the Bill becomes law, more cases at the ART could be decided just on the written documents provided to the ART. The Bill gives the example of a student visa refusal being decided on the papers, and ‘this might be expanded to other temporary visa types’. Permanent visas and protection visas would not be included in this process.

Deciding cases without a hearing could make reviews faster and less costly. In our experience, however, oral hearings are very important for applicants. A hearing gives them a chance to tell their story in their own words and to demonstrate their credibility directly to the ART. This personal interaction can often be highly influential in the outcome of a case and, in some situations, can make the difference between success and refusal.