Administrative Review Tribunal’s (ART) powers to determine matters without an oral hearing will come into effect on 18 May 2026, following the commencement of the Administrative Review Tribunal and Other Legislation Amendment Act 2026.
The Act broadens the circumstances in which the ART may decide a matter “on the papers” that is, without holding a formal oral hearing. This approach is permitted where the issues in dispute can be adequately resolved on the available material, where it is reasonable in the circumstances to proceed without a hearing, and where all parties have been given a reasonable opportunity to make written submissions which the ART has duly considered.
In the migration context, the amendments introduce a specific requirement that certain visa review applications must now be determined on the papers. This obligation applies to reviews of decisions relating to temporary visas prescribed under the Migration Regulations. It is worth noting that no temporary visas have been prescribed for this purpose to date.
Importantly, permanent visa and protection visa matters are not affected by these changes and will continue to be dealt with in the usual manner.
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