Parliament has passed the Administrative Review Tribunal and Other Legislation Act 2026, which amends the Administrative Review Tribunal Act 2024 and the Migration Act 1958. According to published information:
- For certain reviews of temporary visa refusals, the ART will be required to make its decision WITHOUT holding an oral hearing — that is, on the documents and written material.
- The Government has said it intends to apply this process first to student visa refusals.
- The start date will be fixed by proclamation by the Governor-General and has not yet been set. The ART has said that if you have already lodged a review application you do not need to do anything, and it will contact you if there are changes.
What this means for you. If the “on the papers” process applies to your matter, you may not get a chance to explain your case in person. That makes it very important to put in complete evidence and written arguments from the start. A clear, focused and on-time application can make a real difference to whether the Tribunal fully understands your situation.
Please note: this change is not in force until it is officially proclaimed, and the details of how it applies may change. Every case is different.
Nguyen Do Lawyers offers bilingual (Vietnamese–English) help preparing student visa and other temporary visa review applications.
Sources: art.gov.au — “Upcoming changes affecting temporary visa refusal reviews”; ministers.ag.gov.au — media release 5 Feb 2026.
General information only — not legal advice. Please check official sources and/or book a consultation before acting. Book a consultation: call (03) 9364 8076.
NGUYEN DO LAWYERS · Vietnamese & English · Sunshine, VIC
