Administrative Review Tribunal and Other Legislation Amendment Bill 2025

High-Level Summary

The Administrative Review Tribunal and Other Legislation Amendment Bill 2025 expands the Administrative Review Tribunal’s power to decide cases without an oral hearing and requires certain migration review applications—most notably refusals of student and other temporary visas—to be determined on the papers.

It builds on the Administrative Review Tribunal Act 2024 (which replaced the former Administrative Appeals Tribunal in October 2024) and amends the Migration Act 1958 to introduce a bespoke written‐submission process with clear safeguards.


Summary

This Bill makes two principal sets of amendments:

  • Amendments to the Administrative Review Tribunal Act 2024: It inserts a new circumstance into section 106 so that the Tribunal may decide any matter without holding an oral hearing if:
    1. the issues can be adequately determined without the parties present;
    2. it is reasonable to decide the matter on the papers; and
    3. the Tribunal has given each participating party a reasonable opportunity to make submissions and has considered them.
  • Amendments to the Migration Act 1958: It creates a new Division 4A of Part 5 requiring the Tribunal to review certain reviewable migration decisions (including refusals of student visas and other prescribed temporary visas) entirely on the basis of written materials. Division 4A:
    1. disapplies hearing and evidence provisions of the ART Act that are incompatible with paper‐based review;
    2. requires the Tribunal to invite written submissions on the relevant visa criterion or legal provision and to provide clear particulars of any adverse information;
    3. allows applicants to request access to materials given to the Tribunal;
    4. permits combination of related reviews, Tribunal reconstitution if a member becomes unavailable, and dismissal where applicants fail to respond;
    5. sets out transitional rules for pending applications and empowers regulations to prescribe additional visa subclasses or exemptions.

Financial impact: nil. Human‐rights statement: the Bill is compatible with Articles 2(3) and 14 of the International Covenant on Civil and Political Rights.


Argument For
Normative Bases
  1. Legal Principle [ICCPR Article 14]
  2. Utilitarian Ground Truth

By allowing straightforward cases to be resolved without a full hearing, the Bill promotes timely and cost‐effective access to administrative review. Quick, paper‐based decisions reduce backlog, lower legal and administrative expenses for both applicants and government, and ensure genuine applicants—especially student visa applicants—receive an effective remedy without undue delay or uncertainty. Procedural safeguards (reasonable invitation to make written submissions, clear particulars of adverse information, and dismissal only after fair notice) preserve core elements of natural justice while calibrating the process to the complexity of each matter.

Overall, the changes enhance the efficiency and integrity of Australia’s administrative justice system, maximising societal well‐being by matching tribunal resources to case complexity and delivering faster outcomes for ordinary citizens, businesses, and the Commonwealth alike.


Argument Against
Normative Bases
  1. Legal Principle [ICCPR Article 14]
  2. Egalitarianism

Oral hearings play a critical role in ensuring procedural fairness, particularly for vulnerable or unrepresented applicants who may struggle with technical forms or legal language. Requiring all student-visa and other temporary-visa reviews to be paper-based risks disadvantaging those with limited English proficiency, low literacy, or without legal assistance.

Even with written submissions, the absence of a live hearing may prevent the Tribunal from probing credibility or clarifying complex factual disputes, potentially leading to unfair denials. There is also a risk that applicants will miss or misinterpret invitations and adverse information notices, resulting in inadvertent dismissals. By narrowing the right to be heard, the Bill may erode equality of access to justice and undermine confidence in administrative review.


Date:

2025-09-03

Chamber:

House of Representatives

Status:

Before House of Representatives

Sponsor:

Unspecified

Portfolio:

Attorney-General

Categories:

Civics, Immigration

Timeline:
03/09/2025

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