The Administrative Review Tribunal and Other Legislation Amendment Bill 2025 proposes changes to allow certain matters to be decided without an oral hearing, streamlining the review process for specific visa applications.
The Bill expands circumstances where the Administrative Review Tribunal (ART) can decide a matter on the papers, without holding a hearing, provided that:
- The issues can be adequately determined without a hearing.
- It is reasonable to make a decision without a hearing.
- Parties have had a reasonable opportunity to submit written arguments, which the ART considers.
Under the proposed Migration Act amendments, certain applications must be reviewed on the papers, including:
- Decisions to refuse a student visa.
- Decisions relating to prescribed temporary visas.
Other visa types, including permanent and protection visas, remain unaffected. Applications subject to this requirement will be decided entirely on the basis of written submissions under new Division 4A of Part 5 of the Migration Act.
Committee Recommendations:
- Allow oral reasons in some cases to improve efficiency.
- Extend delegation powers to the Deputy President.
- Prescribe student visa refusals for review on the papers under the Migration Act.
Click here: Administrative Review Tribunal and Other Legislation Amendment Bill 2025