The Administrative Review Tribunal and Other Legislation Amendment Bill 2025 proposes written-only reviews for student visa refusals, aiming to reduce delays and simplify appeal processes.
If passed, the Bill would require the Administrative Review Tribunal (ART) to make decisions “on the papers” for student visa refusal reviews. Instead of attending a hearing, applicants would present their entire case in writing.
This change follows recommendations from the 2023 Nixon Review and the Tribunal’s operational experience since its establishment in October 2024.
Government’s Reasoning
The government argues that student visa reviews are often straightforward, with limited material to consider, making them suitable for written-only decisions. Current requirements for oral hearings are said to cause inefficiencies and long delays, with some reviews stretching from months into years.
Applicants who seek review of refusals often remain in Australia on bridging visas while awaiting outcomes. According to the government, faster written-only processes would benefit both the integrity of the migration system and applicants themselves, who would receive quicker decisions on their cases.
Attorney-General Hon Michelle Rowland MP said, “These proposed procedures are an important step towards improving the efficiency of the Tribunal, and supporting timely decision making for applicants.”
Human Rights and Fairness
Although requiring cases to be determined on the papers removes the opportunity for student visa applicants to present their case orally, the government maintains that procedural fairness does not always demand a hearing. Safeguards are built into the process to ensure fairness. Applicants will always be given the chance to provide written submissions, respond to adverse material, and submit evidence in writing. These requirements, according to the government, strike a balance between efficiency and fairness. The Explanatory Memorandum concludes that any limitation on rights is reasonable, necessary, and proportionate to the goal of more efficient review.
What The Bill Means for Student Visa Applicants
If the Bill becomes law, student visa applicants will need to ensure their written submissions are comprehensive and well-prepared. Faster outcomes could benefit those waiting on bridging visas, but the emphasis will shift from oral advocacy to the strength of documents and written evidence.
How SALIA Lawyers & Associates Can Help
At SALIA Lawyers & Associates, we assist applicants whose student visas have been refused by carefully reviewing the decision record, identifying the reasons for refusal, and determining whether there are grounds for appeal. Where an appeal is possible, we prepare and lodge the application, submit the refusal letter, compile supporting evidence, and draft a comprehensive submission on your behalf. As licensed immigration lawyers, we act solely in the best interests of our clients, providing clear and trusted guidance every step of the way.
If your student visa has been refused, contact SALIA Lawyers & Associates for expert guidance in preparing effective submissions and navigating the appeals process.
Disclaimer: Please note that the information provided is intended as a general guide and should not be relied upon as legal or migration advice. As migration laws and regulations can change, we recommend consulting an Australian Lawyer or Registered Migration Agent for advice tailored to your circumstances.
