On 5 February 2025, the Administrative Review Tribunal (the Tribunal) and Other Legislation Amendment Bill 2025 (the Bill), passed both Houses of Parliament. The amendments expand the circumstances in which the Tribunal may decide a matter without holding an oral hearing (on the papers). Prior to the amendments, the Tribunal’s discretion to decide a case on the papers was enlivened in the following circumstances:
- If the issues in contention could be adequately determined without a hearing, sometimes at the express request of a review applicant.
- If it was considered reasonable in the circumstances to make a decision without a hearing.
- If the parties had been given a reasonable opportunity to make submissions without holding the hearing and the Tribunal took these submissions into account.
The Bill has now expanded this power of the Tribunal by stipulating that certain applications must be reviewed on the papers and no oral hearing is to be afforded to a review applicant. This will apply to:
- Reviews of decisions to refuse student visas, and
- Reviews of decisions relating to other temporary visas prescribed by the Migration Regulations.
Importantly, as of now, only student visas are explicitly listed, and the Government has not yet published any regulations specifying what additional temporary visa subclasses are to be included. Whilst there is no comprehensive list of other visas that will automatically be decided on the papers, it is clear that the amendments do not apply to permanent visas. The Migration Regulations will be updated to reflect these changes in due course.
The amendments within the Bill will commence on a date fixed by proclamation or 6 months after receiving Royal Assent.
Impact on Review Applicants
Whilst paper based review applications can streamline the appeal process, there are also significant implications for review applicants. An oral hearing gives review applicants the opportunity to meet face-to-face with a Tribunal Member and personally tell their story as a matter of due and fair process. It is particularly valuable for individuals whose English language skills may be limited, as interpreters are provided, allowing them to present their case as clearly and fully as possible.
By contrast, the emphasis on written submissions in paper based reviews can be daunting for some review applicants. Without the chance to speak directly to a Tribunal Member, every detail must be carefully set out in writing, which can be challenging, especially if English is not your first language or there are complex legal issues at play.
How We Can Assist
Our office is available to assist review applicants who may be affected by these changes. We can:
- Help prepare thorough written submissions to ensure the Tribunal has all the relevant information.
- Advise on the impact of the new paper-based review process on your particular case.
- Ensure your review application is complete and properly presented so that it can be decided efficiently by the Tribunal.
The reforms are intended to make the appeal process faster and more efficient, but the success of an application for review is contingent on well-prepared and cogent legal submissions. If you are concerned that your visa review might now be decided on the papers, or if you simply want to ensure your case is as strong as possible, our team can guide you every step of the way.
Contact Us
Contact Nevett Ford Lawyers today for assistance with your application for review.
Telephone: +61 3 9614 7111
Email: melbourne@nevettford.com.au
Visit our website: www.nevettford.com.au
