The Administrative Review Tribunal and Other Legislation Amendment Act 2026 has received Royal Assent on 9 February 2026, formalising significant changes to the way the Administrative Review Tribunal (ART) conducts reviews.
The amendments broaden the Administrative Review Tribunal’s (ART) ability to finalise matters without convening an oral hearing. Under the new framework, the Tribunal may determine a case based solely on written material where it considers a hearing unnecessary, reasonable in the circumstances, and where all parties have been provided with an adequate opportunity to present written submissions.
Changes to the Migration Act introduce a mandatory “on the papers” review process for certain visa categories. This will apply to:
- Refusals of Student visa applications; and
- Refusals relating to additional prescribed temporary visa subclasses (noting that no additional subclasses have yet been specified in the Migration Regulations).
Reviews involving permanent visas and protection visas will continue to follow existing procedures and are not impacted by these amendments.
Click here: Administrative Review Tribunal and Other Legislation Amendment Act 2026