The Australian Government has introduced the Migration Amendment (Administrative Review of Student Visa Refusal Decisions) Regulations 2026, changing the way student visa refusal decisions are reviewed by the Administrative Review Tribunal (ART). The majority of review applications will now be assessed on the papers based on written submissions and documentary evidence rather than through an oral hearing.
The Regulations introduce the following changes:
- In most cases, the ART will assess review applications on the basis of documents and written submissions rather than conducting an oral hearing, with the aim of streamlining the review process and reducing delays.
- However, matters involving certain Public Interest Criteria – specifically PIC 4001, 4003B, 4007, 4010, 4013, 4014, 4017, 4018 and 4020 – or a Special Return Criterion under new sub-regulation 4.18(2) will not be assessed on the papers where all or part of the reason for refusal relates to those criteria.
- Applicants may be required to provide written submissions and supporting documentation confirming enrolment in an approved course of study when requested by the ART.
Response timeframes
- Applicants will have 28 days to respond to a notice issued by the ART under section 367F of the Migration Act. Failure to respond within this period may result in the review application being dismissed.
- Applicants responding to notices under section 367G will have 14 days to provide information. Late responses submitted before a final decision is made may still be taken into consideration by the Tribunal.
Additional amendments
Where a matter later becomes unsuitable for an on-the-papers review, any notices previously issued by the ART will remain valid and fresh invitations will not be required. The Regulations also include technical updates to migration regulation numbering and revisions to the definition of confirmation of enrolment to align with the ESOS framework.
Commencement and Transitional Arrangements
The new provisions will apply to:
- Student visa review applications lodged on or after 1 June 2026; and
- Applications lodged before 1 June 2026 where the ART President has not yet directed that a member or members constitute the Tribunal under section 37 of the Administrative Review Tribunal Act 2024.
Transitional arrangements also apply to cases moving into the new paper-based review system from 1 June 2026, ensuring steps already taken under previous provisions are treated as steps taken under the new framework.
Click here: Migration Amendment (Administrative Review of Student Visa Refusal Decisions) Regulations 2026
