Strengthening the Administrative Review Tribunal

The Albanese Government has today passed legislation to deliver a stronger, more efficient Administrative Review Tribunal (the Tribunal), while continuing to ensure that applicants can meaningfully present their case in full.

The Administrative Review Tribunal and Other Legislation Amendment Bill 2025 (the Bill) delivers enhancements to further improve the Tribunal’s efficiency by giving it more flexibility to make decisions based on written materials without the need to hold an oral hearing.

The Bill recognises that oral hearings are time and resource intensive, which is why these reforms ensure the Tribunal is enabled to make certain decisions without an oral hearing. This provides the Tribunal with the tools it needs to continue to resolve applications quickly, and with as little expense as proper consideration of those matters permits.

Informed by the 2023 Rapid Review into the Exploitation of Australia’s Visa System (the Nixon Review), the Bill amends the Migration Act 1958 to require the Tribunal to review certain temporary visa decisions without an oral hearing.

The types of decisions that are subject to this process will be prescribed by regulation – with the Government intending to apply the process to student visa refusal matters in the first instance. This new, bespoke process will support applicants to put their full case to the Tribunal in writing and require the Tribunal to consider any documents from the applicant when making a decision.

Consistent with the Nixon Review, supporting efficient and proportionate review will ensure timely decision making for applicants and strengthen the integrity of the migration system.

The Bill also amends the Administrative Review Tribunal Act 2024 to expand the circumstances in which the Tribunal can choose to make decisions on the papers. The Tribunal can only exercise this discretion where the matter is determinable without a hearing, it is reasonable to do so, and the parties are given an opportunity to make submissions as to whether a hearing is required.

Quotes attributable to the Attorney-General, the Hon Michelle Rowland MP:

“The Albanese Government is committed to high-quality and proportionate merits reviews through ensuring the Administrative Review Tribunal has the tools it needs to deliver quick and fair decisions.

“Informed by the Nixon Review and the operational experience of the Tribunal, this legislation gives the Tribunal additional flexibility to conduct reviews in a proportionate way while ensuring that applicants can make their full and forthright case in writing.

“These new measures are an important step towards enhancing the Tribunal and ensuring that it uses its resources effectively."