The Administrative Review Tribunal and Other Legislation Amendment Commencement Proclamation 2026 confirms that the Administrative Review Tribunal and Other Legislation Amendment Act 2026 commenced on 18 May 2026.
What has changed?
The changes expand the circumstances in which the Administrative Review Tribunal (ART) must decide a matter without holding an oral hearing.
The ART must now decide a case “on the papers” where:
- the issues can be adequately determined without a hearing
- it is reasonable in the circumstances to proceed without a hearing
- the parties have been given a fair opportunity to provide written submissions, and these submissions have been considered
What does this mean for visa applicants?
The amendments to the Migration Act introduce a new requirement for certain matters to be decided on the papers.
This will apply to:
- reviews of decisions relating to prescribed temporary visas (note: at this stage, no temporary visas have yet been prescribed under the Regulations)
Importantly:
- Permanent visa applications are not affected
- Protection visa matters are not affected
Why this update matters
While no visa subclasses have yet been specified, this change signals a shift toward faster, document-based decision-making in the ART.
For applicants, this means:
- there will be no opportunity to present your case in person
- the outcome will rely heavily on the quality and completeness of your written submissions and evidence
The ART’s Practice Direction already emphasises the importance of providing complete evidence and clear written submissions when preparing a review application. With the introduction of decisions “on the papers”, this becomes even more critical, as applicants will not have the opportunity to present their case at a hearing.
How we can assist
With the increased likelihood of decisions being made on the papers, it is more important than ever to ensure that your application is thoroughly prepared from the outset.
Our team can assist by:
- reviewing your matter to identify key legal and factual issues
- preparing clear and persuasive written submissions
- ensuring all supporting documents are complete and properly presented
- identifying and addressing any gaps or risks before a decision is made
If you have questions about how these changes may impact your migration matter or if you require legal assistance with an ART review, please reach out to us.
