If you’re awaiting deserves evaluate on the Administrative Overview Tribunal (ART), vital adjustments commenced on 18 Could 2026 that may vastly alter the decision-making course of.
Overview of the adjustments
- Paper-only critiques for sure non permanent visas: When a selected kind of visa turns into prescribed within the Migration Laws, the ART should evaluate and resolve matter referring to these visas on the papers, with no listening to;
- No visa sorts are prescribed but. As of 18 Could 2026, the Migration Laws don’t prescribe something, however the authorities can alter this at any time;
- Everlasting and safety visas should not affected;
- Written submissions might be extra vital than ever. If a selected visa kind turns into prescribed, a evaluate applicant’s written submissions and supporting proof could also be their solely probability to current their arguments;
- Not responding to the ART when paperwork are requested might be deadly. Failure to answer a written invitation may end up in necessary dismissal.
Background: What does “on the papers” imply?
When a matter is determined “on the papers”, it means the ART critiques and decides the case with the paperwork at hand. In an ordinary matter, this would possibly encompass a duplicate of the unique software, the Division of House Affairs’ file, and any new written submissions and proof offered.
When the problem to be re-considered is one thing goal (eg. the applicant failed to supply the Division with a police clearance, which has since grow to be accessible), the ART already has the power to cope with it rapidly and decide with out a listening to. Our weblog on expedited ART issues covers this in additional element.
For issues which can be extra advanced or contain the evaluation of a subjective requirement, you’d be invited to attend a listening to to talk instantly with an ART member about your scenario – both in individual or by video. Having the applicant current in a listening to might carry substance that’s in any other case troublesome to convey in paperwork alone; such because the individual’s authenticity and reliability, or the impression of an unfavourable choice.
What modified on 18 Could 2026?: In authorized phrases
On 5 February 2026, Parliament handed the ‘Administrative Overview Tribunal and Different Laws Modification Invoice 2025’.
It has since come into impact on 18 Could 2026 by advantage of the ‘Administrative Overview Tribunal and Different Laws Modification Graduation Proclamation 2026’, which amends elements of:
- the Migration Act 1958 (Cth) (Migration Act); and
- the Administrative Overview Tribunal Act 2024 (Cth) (ART Act).
Broadly:
- The ART Act now offers the Tribunal broader powers to resolve evaluate purposes on the papers when the problems are easy and might be resolved from written materials alone;
- The Migration Act has been considerably amended with the addition of Division 4A; new procedures which requires the ART to resolve sure issues completely on the papers.
I. Amendments to the ART Act
Two new subsections have been added into part 106 of the ART Act, which is mostly the part coping with the holding of hearings. These new subsections develop the circumstances during which the ART can resolve a matter with out a listening to:
| New subsection | What it does |
| s 106(6) |
Permits the Tribunal to decide with out a listening to if:
|
| s 106(7) | Offers that subsection (6) doesn’t apply except the Tribunal has given the taking part events an affordable alternative to make submissions in relation to the Tribunal making a call with out holding a listening to, and the Tribunal has taken under consideration any submissions obtained. |
These provisions give the ART a broader discretion than it beforehand needed to resolve notably easy issues – these involving clear goal standards or uncomplicated details – primarily based on the written file alone.
Critically, although, subsection 106(7) clarifies that part 106(6) is just not for use as a ‘shortcut’ to finalise issues. The ART should nonetheless give candidates the prospect to make written submissions, and should genuinely think about these submissions whether it is to proceed to a call with out a listening to.
II. Amendments to the Migration Act
The extra important change is the insertion of Division 4A into the Migration Act. Division 4A creates a self-contained evaluate process for what the Migration Act calls “purposes to be reviewed on the papers.” A really transient rationalization on what every of the sections in Division 4A are is as follows:
|
New part |
What it does |
| s 367C |
Defines an software to be “reviewed on the papers” as one which:
It additionally units out the circumstances during which an software is just not an software to be reviewed on the papers. |
| s 367D | Notes that sure provisions of the ART Act don’t apply to issues that are to be selected the papers. |
| s 367E | Notes the pure justice listening to rule for purposes to be reviewed on the papers. |
| s 367F |
Requires the ART to ask the applicant to present written submissions and proof in relation to sure points related to the evaluate. However goes on to notice that the ART is just not required to do something additional (topic to s 367G under), to place the applicant on discover of related points or to hunt additional data. |
| s 367G | Requires the ART to inform candidates of knowledge that it considers related, that may be the explanation or a part of the explanation for affirming the choice, and of which the applicant is probably not conscious, and to ask a response. |
| s 367H | Units out the necessities for invites issued underneath s 367F and 367G. |
| s 367M | Compels the ART to dismiss a matter if the applicant doesn’t reply to an invite underneath s 367F inside the response interval. |
| s 367N |
Units out the process for the ART making its choice on a paper-based evaluate, primarily based on the written file. |
Which visas are affected?
Part 367C of Division 4A described above clearly notes that this new regime can solely have an effect on non permanent visas which can be prescribed by the Migration Laws.
At time of writing, no non permanent visa sorts have been prescribed underneath the Laws. In different phrases, Division 4A at present doesn’t apply to anybody.
Authorized practitioners, migration brokers, and self-represented candidates ought to be holding a watch out for legislative devices that amend the Laws, which might consequently carry sure visa subclasses inside scope of Division 4A, and compelling the ART to resolve these matter on the papers.
Why have been these adjustments made?
These reforms have stemmed from suggestions contained within the Fast Overview into the Exploitation of Australia’s Visa System (or the ‘Nixon Overview’), which referred to as for measures to enhance evaluate effectivity and scale back incentives for non-genuine candidates.
The ART changed the Administrative Appeals Tribunal (AAT) in October 2024, however backlogs and lengthy ready instances endured. The purported goal of those amendments to the ART Act and Migration Act is to resolve easy circumstances quicker, get real candidates quicker outcomes, and release time and assets for advanced issues (like safety visas).
What about everlasting visas and safety visas?
These adjustments will not apply to any everlasting visa or safety visa issues.
Part 367C of the Migration Act refers to non permanent visas solely, and clarifies within the ‘notes’ that safety issues can’t be reviewed on the papers.
Take into account, although, that the ART’s broader discretion underneath s 106 of the ART Act applies usually. So, a paper-based choice stays doable in easy circumstances for all visa sorts.
Sensible ideas
Once more, whereas the legislative framework is now in place for the ART to resolve non permanent visas on the papers, the Migration Laws don’t but specify which visas it impacts.
In any case, when a selected visa subclass does fall inside scope:
- Deal with written submissions with the best significance, as it might be your solely probability to current your case;
- Collect proof early in order that it’s available when the ART requests it;
- Don’t ignore ART correspondence and be aware the deadline to reply. If a response is just not obtained, the ART is compelled to dismiss the matter.
Our crew at Hannan Tew has intensive expertise with ART critiques. Should you require help with an ART evaluate, contact us at [email protected] or +61 3 9016 0484.
You may also subscribe to our Australian immigration publication to remain updated with the most recent immigration information.
