Planned Migration Act changes will forgo oral hearings in some situations
The federal government has introduced the Administrative Review Tribunal and Other Legislation Amendment Bill 2025, amending the Migration Act 1958 to require the making of decisions “on the papers” or without an oral hearing in reviews of student visa refusals.
A media release from Michelle Rowland, Australia’s attorney-general, said the bill also intends to allow the tribunal to decide based on written materials when reviewing decisions on tourist visas and other temporary visas, with permanent and protection visas explicitly excluded.
The attorney-general said the new process will enable applicants to present their full written case to the tribunal, which should consider the applicants’ documents when reaching a decision.
The bill also plans to amend the Administrative Review Tribunal Act 2024 to expand the circumstances when the tribunal can exercise its discretion to decide based on written materials, without an oral hearing.
The attorney-general noted that this discretion will apply to uncomplicated matters that are reasonably determinable without a hearing and that include the parties’ submissions on whether a hearing is necessary.
According to the attorney-general, the bill aims to equip the tribunal with the powers, procedures, and tools it needs to:
The attorney-general noted that, currently, the tribunal generally has to hold oral hearings for all matters, leading to inefficient resource allocation and significant delays.
In the media release, Rowland noted the need for merits reviews proportionate to the matters before the tribunal.
“As it currently stands however, the Tribunal is generally required to hold an oral hearing into matters unless a limited number of exemptions apply,” Rowland said. “This is resource intensive and not appropriately targeted.”
The attorney-general’s media release stated that the bill reflected insights from the 2023 Rapid Review into the Exploitation of Australia’s Visa System (Nixon Review) and the tribunal’s operational experience since October 2024.
The federal government also announced the launch of a public consultation regarding proposed amendments to the Administrative Review Tribunal Rules 2024.
In a media release, Australia’s attorney-general urged interested individuals and organisations to visit the AGD Consultation Hub to provide their submissions on the proposal by the deadline of 19 September 2025.
The attorney-general shared that the planned amendments seek to expand the functions of the tribunal’s registrars and staff members and equip them with the powers to appoint interpreters, issue summons, and publish decisions and reasons on AustLII.
“The proposed reforms strengthen the Tribunal’s ability to deliver timely merits review by making better use of skilled registrars and staff members, allowing Members to instead to focus on conducting hearings and making substantive decisions,” Rowland said in the media release.
The attorney-general added that the contemplated changes aim to help the tribunal resolve matters fairly, punctually, and efficiently via an independent review mechanism.
“The Albanese Government is focused on making common-sense reforms to the Administrative Review Tribunal that ensure it operates smoothly and fairly, while delivering more timely decisions for applicants,” Rowland said.
The attorney-general’s media release noted that the reform that created the Administrative Review Tribunal in 2024 focused on improving case management to support fair, just, quick, and informal decisions.
“These changes reflect the Government’s commitment to supporting a merits review system that is efficient, effective and serves all Australians,” Rowland said.
