ART May Decide Some Temporary Visa Reviews Without a Hearing

From 18 May 2026, new changes have commenced that allow the Administrative Review Tribunal, known as the ART, to decide some temporary visa review matters without holding an oral hearing.

This is commonly referred to as deciding a case “on the papers”.

In simple terms, this means the ART may be able to make a decision based on the written documents, evidence and submissions provided by the parties, rather than requiring the applicant to attend a hearing.

When can the ART decide a matter without a hearing?

The ART may decide a matter on the papers where it considers that:

• the issues can be properly determined without a hearing
• it is reasonable in the circumstances to decide the matter without a hearing
• the parties have been given a reasonable opportunity to provide written submissions

This means written submissions and supporting evidence may become even more important in affected cases.

Which visa matters are affected?

The changes apply to temporary visa decisions prescribed by the Migration Regulations.

At this stage, no temporary visas have yet been prescribed for this purpose. This means the practical impact may depend on future regulations that specify which temporary visa types are covered.

Importantly, the changes do not affect:

• permanent visa review matters
• protection visa review matters

Why does this matter for applicants?

For affected temporary visa review matters, applicants may not get the same opportunity to explain their case orally at a hearing.

This makes it more important to prepare a strong written case from the beginning, including:

• clear legal submissions
• relevant supporting documents
• responses to the Department’s concerns
• evidence addressing the reasons for refusal

A weak or incomplete written response could seriously damage the chances of success.

Key takeaway

The main point is simple: written submissions may become more important in some temporary visa review matters.

Applicants should not assume that they will always have an oral hearing to explain their situation. Where the ART invites written submissions or evidence, the response should be prepared carefully and on time.

Need advice about a visa refusal?

If your visa has been refused or you are considering an ART review, it is important to get advice early. The strength of your written material may make a major difference, especially if the matter is decided without a hearing.