With commencement now imminent, key administrative review reforms will take effect this Monday, 18 May 2026.
Under the Administrative Review Tribunal and Other Legislation Amendment Commencement Proclamation 2026, Schedule 1 of the Administrative Review Tribunal and Other Legislation Amendment Act 2026 commences on 18 May 2026.
These reforms give operative effect to expanded pathways for paper‑based decision‑making under the Administrative Review Tribunal Act 2024 and the Migration Act 1958, as part of the broader redesign of Australia’s federal administrative review system.
For migration matters in particular:
- the legislation enables (and in some cases requires) the Administrative Review Tribunal to determine certain reviews without an oral hearing, based on written materials
- this approach is intended to apply to student visa refusal reviews in the first instance, with scope for other temporary visa decisions to be prescribed
- permanent and protection visa reviews are expressly excluded
The Explanatory Memorandum to the legislative changes explains that these new powers are intended to balance the need for timely and proportionate review with important procedural fairness safeguards, including the requirement that applicants are given a proper opportunity to present their case in writing and that matters are only decided without a hearing where it is reasonable to do so.
Importantly, the changes will affect both new applications and some existing matters that are already before the Tribunal but not yet allocated to a Tribunal member.
DISCLAIMER: This post is intended to be for general informational purposes only, and all content is current at the time of publication and subject to change without prior notice. While LawGration is an Incorporated Legal Practice, we are not aware of your personal circumstances, needs or goals, and information contained in this post should not be construed as legal, immigration or other advice. Before acting on any information in this post, you should always query whether it is relevant to your circumstances and consult an Australian immigration lawyer or registered migration agent.