Major ART Changes for Visa Refusal Appeals from 18 May 2026
From 18 May 2026, the Administrative Review Tribunal (ART) may decide certain temporary visa review matters without an oral hearing in some circumstances. Learn what these migration law changes mean for visa refusal appeals in Australia.
By Care Immigration Team
The Australian Government has introduced important legislative changes affecting how certain visa review matters may be handled by the Administrative Review Tribunal (ART).
Under the Administrative Review Tribunal and Other Legislation Amendment Act 2026, commencing on 18 May 2026, the ART will have broader powers to decide some review matters “on the papers” without conducting an oral hearing.
What Does “Decision on the Papers” Mean?
A decision “on the papers” means the ART may determine a review application based only on:
Documents submitted
Written evidence
Written submissions provided by the applicant and parties involved
This means an applicant may not always receive an oral hearing before a decision is made.
When Can the ART Decide Without a Hearing?
The ART may decide a matter without holding a hearing if:
The issues can be adequately determined without a hearing
It is reasonable in the circumstances to do so
The parties have been given a reasonable opportunity to provide submissions and evidence
The ART must also consider any submissions received before making a decision.
Which Visa Matters Are Affected?
The amendments apply to certain prescribed temporary visa review applications under the Migration Regulations.
At present, no temporary visa subclasses have yet been officially prescribed under these changes. Further regulations are expected to clarify which visa types may be affected.
Which Visa Matters Are NOT Affected?
Importantly, the following review matters are not impacted by these amendments:
Permanent visa reviews
Protection visa reviews
These matters will continue under existing hearing processes.
Why This Change Matters
This update highlights the increasing importance of:
Strong written submissions
Proper supporting documentation
Clear explanation of circumstances and evidence
Strategic preparation before lodging ART reviews
As some matters may potentially be decided without oral hearings in future, the quality of written material submitted to the ART could become even more critical.
Need Assistance with a Visa Refusal or ART Matter?
At, we assist clients with:
Visa refusal guidance
ART review preparation
Submission drafting
Migration strategy and advice
Student, skilled, partner and temporary visa matters
If you have received a visa refusal or are considering an ART review application, professional guidance can help you understand your available options and prepare a stronger case.
Contact Care Immigration & Education Consultants for personalized migration guidance.
AUS: +61 413 424 817
IND: +91 99744 60744
www.careimmi.com.au
info@careimmi.com.au
https://linktr.ee/careimmigration
Saloni Shah
Registered Migration Consultant | MARN: 2117683
ART visa appeal update, Administrative Review Tribunal changes 2026, Australia visa appeal process, ART decision on papers, migration law changes Australia 2026, visa review without hearing Australia, temporary visa appeal ART, Australian migration updates, visa refusal appeal Australia, migration tribunal changes
