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.
This Bill makes two principal sets of amendments:
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.
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.
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.
2025-09-03
House of Representatives
Before House of Representatives
Unspecified
Attorney-General
Civics, Immigration