Can the Administrative Review Tribunal (ART) Decide Without a Hearing for SC500 & Temporary Visas?
The Administrative Review Tribunal and Other Legislation Amendment Bill 2025 has now passed both Houses of Parliament on 5 February 2026 and will commence either on a date set by proclamation or automatically within 6 months of Royal Assent.
The reform introduces changes to how certain migration review applications are now handled by the Administrative Review Tribunal (ART), particularly for Student Visa (Subclass 500) and temporary visa refusals. If you are considering appealing a visa refusal, this is an important update to note.
What Has Changed within the Appeal Process?
Under the new amendments, the ART will have expanded power to decide matters without holding an oral hearing. In migration matters, the amendments go further. Certain applications will now be required to be decided “on the papers”. This means:
No oral hearing.
No in-person or video appearance.
No opportunity to give verbal evidence.
Decisions are made entirely based on written submissions and documents.
Related: The End of Visa Hopping: What It Means for Travelers and Migrants
Which Visa Refusals are Affected by this Change?
The changes apply to reviews of decisions to refuse a Student visa (Subclass 500) and to reviews of decisions relating to prescribed temporary visas.
Permanent visa matters and protection visa matters are not affected by these changes.
What Does “On the Papers” Mean for Student Visa Appeals?
Previously, student visa applicants appealing a refusal could attend a Tribunal hearing to clarify any inconsistencies, explain their genuine intentions and respond to questions from the Member. Under the new framework, affected cases will be determined solely on the original application, the documents provided, and the written submissions. There may be no second opportunity to explain your position verbally.
Why This Change Matters to Student Visa Holders?
For many student visa refusals, issues often relate to not meeting the Genuine Student (GS) criteria, financial capacity, inconsistencies in documents and/or previous immigration history. These matters frequently involve credibility and context, issues that were often clarified during a hearing. Hence, without a hearing, written submissions become very important, and your evidence must be carefully structured to make it harder to repair weaker applications. The appeal process is now more document-driven and strategy-focused.
Related: Top Tips for Your Australian Student Visa (Subclass 500) Application
How This Affects Temporary Visa Holders?
The change may introduce additional temporary visa categories for review on paper. This provides the government with flexibility to expand paper-based review requirements in the future. Applicants affected by temporary visa refusals should assume that written preparation will be increasingly important.
What Should You Do If Your Student Visa is Refused?
Under this new system, appeals must be front-loaded with strong evidence together with legal arguments clearly framed in writing, as now there is no reliance on “explaining it at the hearing”.
If your student visa has been refused, seek and engage a professional guidance as early as you can from an experienced immigration lawyer. They can ensure submissions directly address the refusal grounds, supported by strong technical and legislative expertise.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
Ministerial Direction 115 (MD 115) - Processing Offshore Student (SC500) Visa Applications
Visa Hopping: Why Repeated Student Visa (SC500) Applications May Lead to Refusal
I Missed the 28 Day Window to Appeal My Visa – What are My Options?
How Can Agape Henry Crux Assist
We highly recommend that you schedule a time with one of our immigration lawyers, who works closely with two of our Accredited Specialists in Immigration Law at Agape Henry Crux. They specialise in handling highly complex matters. You can schedule an appointment to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
Our founder and principal lawyer, Jason Ling, has been recognised in the 2026 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards.
We speak fluent English and Mandarin. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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