Proposed ART Law Changes Could Impact Student and Temporary Visa Reviews: What You Need to Know (November 2025).
In November 2025, the Australian Parliament progressed new legislation that may significantly alter how certain visa review applications are handled. The Administrative Review Tribunal and Other Legislation Amendment Bill 2025proposes expanding the ability of the Administrative Review Tribunal (ART) to make decisions without holding an oral hearing — a change that could affect thousands of student and temporary visa applicants each year.
If passed, these reforms will influence who is entitled to a hearing, how written submissions are assessed, and how quickly decisions are made.
👉 Need help preparing a strong visa review application? Book a free discovery call with Skyline Migration Lawyers.
Key Takeaways
-
The ART may be permitted to decide more cases “on the papers”, without an oral hearing.
-
Student visa refusals and some temporary visa refusals may be subject to mandatory paper-based review.
-
Permanent visas and protection visas are not affected.
-
A Senate Committee has recommended adjustments to maintain fairness and efficiency.
What Is the Administrative Review Tribunal (ART)?
The Administrative Review Tribunal (ART) is the new federal body replacing the former Administrative Appeals Tribunal (AAT). The ART conducts independent merit reviews of government decisions, including those made under the Migration Act 1958.
Its role is to reassess decisions fairly, efficiently, and independently — including the ability to affirm, vary, or set aside a Department of Home Affairs decision.
What’s Changing Under the 2025 Amendment Bill?
The Administrative Review Tribunal and Other Legislation Amendment Bill 2025 introduces several changes intended to reduce backlogs and create faster decision-making for high-volume visa categories — especially student visa reviews.
Expanded Use of “On the Papers” Decisions
The Bill would allow the ART to decide more cases without a hearing, provided:
-
The issue can be determined without an oral hearing,
-
It is reasonable to do so, and
-
All parties have had a fair chance to provide written submissions.
This gives the ART greater flexibility to finalise straightforward matters quickly and reduce long waiting times.
Mandatory Paper-Based Review for Certain Visa Applicants
The Bill proposes mandatory “on the papers” review for:
-
Student visa refusals, and
-
Certain temporary visa refusals (with more categories to be listed in the Migration Regulations).
These applications would be assessed under a new framework — Division 4A of Part 5 of the Migration Act — requiring the ART to make a decision based solely on the written material provided.
✔ No hearing
✔ No oral submissions
✔ No direct appearance
This means the quality of written submissions becomes critical.
Who Is NOT Affected?
These changes do NOT apply to:
-
Permanent visa reviews (skilled, family, employer-sponsored)
-
Protection visa reviews
These matters will continue to allow hearings where appropriate, preserving procedural fairness for more complex or sensitive cases.
Progress Through Parliament
As of 3 November 2025, the Bill:
-
Has passed the House of Representatives,
-
Was introduced and read in the Senate,
-
Has been referred to the Senate Legal and Constitutional Affairs Committee.
The Committee’s report (tabled 6 November 2025) supports the Bill but recommends:
-
Allowing oral reasons for certain decisions,
-
Extending delegation powers to the ART Deputy President, and
-
Formally prescribing student visa refusals for mandatory paper-based review.
Applicants should expect further refinements, but the general direction toward expanded paper-based reviews is clear.
What This Means for Visa Applicants
If your student visa or temporary visa is refused:
-
You may not have the right to a hearing.
-
Your case may be decided entirely on written submissions.
-
A poorly prepared review application could significantly reduce your chances of success.
✔ Strong, persuasive written submissions are now more important than ever.
Skyline Migration Lawyers can help you:
-
Analyse refusal reasons
-
Prepare legally strong submissions
-
Structure evidence correctly
-
Present your case with clarity and impact
What This Means for Employers and HR Teams
For HR managers and sponsors who employ temporary visa holders:
-
Employees facing refusals may have limited appeal rights
-
No hearing means employees must provide stronger written evidence upfront
-
You may need to adjust workforce planning and onboarding timelines
Skyline Migration Lawyers can assist with:
-
Advice for affected employees
-
Review preparation
-
Employer compliance guidance
-
Contingency migration planning
FAQs
What does “on the papers” mean?
It means the ART will decide your case without a hearing, based only on the evidence and submissions you’ve provided in writing.
Will I be notified if my case will be reviewed on the papers?
Yes. The ART must notify applicants and give them an opportunity to provide submissions.
Can I request a hearing anyway?
Not if the Migration Act requires mandatory on-the-papers review (as proposed for student visa refusals).
Is this law already in effect?
No. The Bill is currently before the Senate. If passed, it could take effect in early 2026.
Skyline Migration Lawyers has extensive experience preparing strong, persuasive review submissions — especially where no hearing is available.
👉 Book a free discovery call with our team today.
Disclaimer
The information in this article is for general guidance only and does not constitute legal advice. Migration law changes frequently, and outcomes depend on individual circumstances. For personalised assistance, contact Skyline Migration Lawyers.
