Major changes are coming to migration review in Australia. Under the Administrative Review Tribunal and Other Legislation Amendment Act 2026, certain temporary visa refusals may be determined through a paper-based ART review, with no hearing and no right to appear before the Tribunal. Applicants would instead need to rely entirely on written submissions and documentary evidence. While merits review remains available, the procedure is becoming stricter, more formal, and significantly deadline-driven.
What is a paper-only ART review?
If a matter is classified as an application to be reviewed on the papers:
– There is no hearing.
– The applicant has no right to appear before the Tribunal.
– The case is decided entirely on written submissions and evidence.
The Migration Act establishes a separate procedural framework for these cases, which will operate once the relevant provisions commence and the government prescribes the affected visa types by regulation.
Which temporary visas are affected?
A review may be paper-only if:
– It relates to a temporary visa, and
– It is of a kind prescribed by regulation.
The Act expressly excludes protection visa decisions from the paper-based review framework. Importantly:
– The Act does not list specific visa subclasses.
– The government will decide the affected visa types through regulations.
– Until the government makes regulations, no visa subclass falls within this paper-based review framework.
What replaces the hearing?
Under the new process, the ART must:
– Invite written submissions and evidence,
– Identify the relevant issues,
– Disclose adverse information,
– Set a response deadline.
Strict deadlines apply
The Tribunal must specify a response period. It cannot extend that period. If the applicant does not respond within the stipulated time, then ART may dismiss the application. For temporary visa review matters, careful preparation and timely submissions will be critical.
Does this apply to existing cases?
Yes. The paper-only ART review regime may apply to applications lodged before commencement if the ART has not yet constituted the Tribunal for that matter. Older, unallocated cases could therefore fall under the new process once it begins.
System-Wide Implications
The 2026 reforms establish a framework for mandatory paper-only ART review of prescribed temporary visa refusals. The reforms remove hearings, require applicants to rely on written submissions, and impose strict statutory deadlines. The specific visa subclasses affected will depend on future regulations. While this approach may reduce the Administrative Review Tribunal’s caseload in the short term, it may also increase judicial review applications, potentially shifting pressure to the Federal Circuit and Family Court and contributing to longer court backlogs over time.
Need Help With your ART application?
At Aurelia Legal, we assist applicants in preparing compliant visa documentation, handling all stages of the visa process and ART applications. Get in touch to avoid costly errors and ensure a smooth application process.
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Disclaimer: This article is for general information only and does not constitute legal advice. Visa criteria, policy, and processing times are subject to change. Please consult a registered migration agent or legal practitioner for advice specific to your situation.