Now lawMigration & Citizenship Introduced in the House of Representatives, 03 Sep 2025

Tribunal can now decide more appeals on paper

This law lets the Administrative Review Tribunal, a body that rechecks government decisions, skip the face-to-face hearing in more cases. People who appeal a refused student visa now make their case in writing only.

Official name: Administrative Review Tribunal and Other Legislation Amendment Bill 2025

Who it affects

• International students refused a visa in Australia: Their appeal will be decided on written papers only. They get no chance to speak in person.
• People on other short-term visas: The government can add their visa type to the paper-only list with its own detailed rules.
• Anyone appealing a government decision at the tribunal: The tribunal can choose to decide their case on paper if it thinks that is fair, after asking them.
• Permanent visa holders and people asking for refugee protection: They cannot be put on the paper-only list. The tribunal can still choose to skip a hearing.

39,195 student visa appeals waiting

The Administrative Review Tribunal takes a second look at government decisions when people ask. A tribunal is like a court but less formal. This one deals with things like visas, Centrelink payments and tax. It started on 14 October 2024. It took over from the old Administrative Appeals Tribunal.

Normally the tribunal holds a hearing. That is a meeting where the person can come and talk about their case. It could only skip the hearing in a few cases, such as when everyone agreed.

The tribunal has a huge pile of student visa appeals. The Parliamentary Library works for all MPs and takes no side. It says about 2,100 refused student visa cases were open in June 2023. By July 2025 that had grown to 39,195.

In 2023 a review looked at people who misuse visas. It was called the Nixon Review. It said slow appeals were making it easier to abuse the visa system. It said student and tourist visa appeals should be decided on paper. This law follows that idea for refused student visas.

The Attorney-General is the minister in charge of the law. Michelle Rowland held that job. She said the change helps the tribunal decide cases fast. She said people still get a real chance to make their case.

Fewer face-to-face hearings

Part 1 changes the main law for the tribunal. That is the Administrative Review Tribunal Act 2024. It adds a new case where the tribunal can decide on paper.

The tribunal can now skip the hearing if it can decide the case properly without the people there. It must also think that skipping the hearing is fair.

First the tribunal must give the people involved a fair chance to say what they think. It must weigh their views. It does not need them to agree.

The government says this suits cases with simple facts, or rules that can be checked from papers. Say a case turns only on whether a form was sent in by a date. The tribunal could decide that from the papers.

This covers new appeals. It also covers old appeals that were not yet decided when the change started.

Student visa appeals on paper

Part 2 changes the Migration Act 1958, the main law about visas. Say you were refused a student visa while in Australia, and you appeal. The tribunal must now decide on the papers. There is no hearing.

The government can add appeals about other short-term visas to this list. It can do this with detailed rules it writes without a new vote. That can include visas taken away as well as visas refused. Permanent visas and refugee cases cannot be added.

Some cases can still come off the list. Here is one example. The head of the tribunal can send a case to a special panel. That panel handles cases that raise big legal questions.

How a paper appeal works

The tribunal must invite the person to send written reasons and evidence on the key points. They can send as much as they want, in writing.

The tribunal might have facts that count against the person. If so, it must tell them clearly. It must explain why those facts matter and invite them to reply.

Each invite must say how long the person has to reply. That time is set in the government's detailed rules. Or the tribunal picks a fair time.

If the person does not reply in time, the tribunal must throw out the appeal. The person then has 28 days from the notice to ask for it back. The tribunal can agree if it thinks that is right.

The tribunal must decide after reading what the person sent. People can still ask the Department of Home Affairs, which runs visas, for copies of papers it gave the tribunal. The tribunal can also join two appeals by the same person.

These rules cover new appeals. They also cover older appeals where the tribunal had not yet picked who would decide the case.

Secret tribunal material stays protected

People can ask the Department for papers it gave the tribunal. The law tidies up the wording of that rule. It makes clear the Department does not have to hand over papers that must stay secret. The government says this does not change how the rule works.

Start date

This bill is now law. It went into the House of Representatives, Parliament's main house, on 3 September 2025. The House passed it on 3 November 2025.

A group of senators looked at the bill first. The Senate is the second house of Parliament. It made 3 changes the government asked for and passed the bill on 5 February 2026. The House agreed to those changes the same day.

The Governor-General, who stands in for the King, signed it into law on 9 February 2026. It became Act No. 3 of 2026, its official law number. As first written, the main changes start on a day the government sets in a formal notice.

How they voted

Its journey through Parliament

Official sources

• Bill page on aph.gov.au
• Text of the bill
• Explanatory memorandum
• Bills Digest

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