Administrative Review Tribunal Bill expected to pass Parliament

Last Updated: 4 February 2026

Administrative Review Tribunal Bill

The Administrative Review Tribunal and Other Legislation Amendment Bill 2025 has passed Parliament and is now in the final stages of approval, with opposition support.

The Bill introduces changes to how tribunal hearings are conducted. Importantly, these changes will not apply to every case. Instead, the Administrative Review Tribunal (ART) will now have discretion to decide whether a matter requires an oral (in-person) hearing or can be determined without one, based on the circumstances of each case.

What the Bill does

The Bill expands the Administrative Review Tribunal's power to decide cases without holding oral hearings. Government amendments circulated today broaden the Minister's authority to designate which temporary visa types must be decided through written submissions only.

Under these changes, decisions on affected visa categories would be made based on written materials submitted by applicants and the department, rather than through in-person hearings.

Potential impact on decision outcomes

The organisation references research suggesting that decisions made through paper-based processes may face higher rates of judicial review. According to the ASRC, this could shift costs and processing delays to later stages of the legal system.

Challenges for certain applicant groups

Language barriers: 

Many applicants have English as a second language, which the ASRC suggests may make written submissions more challenging than verbal explanations.

Trauma-related difficulties: 

The organisation points out that trauma can affect how people recount experiences in written form.

Legal system unfamiliarity: 

Many applicants lack experience with formal legal processes and written submission requirements.

Administrative review principles

The organisation emphasises several points about tribunal review:

Error safeguard: 

Tribunal review exists because administrative decisions can contain errors or be based on incomplete information.

Accessibility: 

Tribunals are designed to be accessible to everyday people, not only those with legal training.

Opportunity to clarify: 

Oral hearings allow applicants to respond to concerns, clarify information, and help decision-makers understand circumstances more fully.

The centre notes that many people find formal legal submissions difficult and benefit from explaining their situation verbally.

Are you facing a visa refusal or want to appeal? And wondering how this specific change and bill being passed in its final stages may affect your application? 

Get in contact with our team and we can help you plan your steps and apply!

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