ART Visa Reviews: Some Temporary Visa Cases May Be Decided Without a Hearing from 18 May 2026

From 18 May 2026, new changes will start for the Administrative Review Tribunal, also known as the ART.

These changes may allow the ART to decide some visa review cases without holding an oral hearing.

This is sometimes called deciding a case “on the papers”.

What does “on the papers” mean?

A decision on the papers means the ART can make a decision based on the documents, evidence and written submissions provided by the parties.

In simple terms, this means the applicant may not be invited to attend a hearing to explain their case in person.

Instead, the ART may decide the case by reviewing the written material.

When can the ART decide a case without a hearing?

The ART may decide a matter without an oral hearing if:

• the issues can be properly considered without a hearing;
• it is reasonable to decide the matter without a hearing; and
• the parties have been given a reasonable chance to provide written submissions.

This means applicants should not assume that they will always have a hearing to explain their situation later.

Which visa matters are affected?

The change applies to certain temporary visa review matters that are prescribed by the Migration Regulations.

At this stage, no temporary visas have yet been prescribed for this process.

This means the change has commenced, but the specific temporary visa types affected will depend on future regulations.

Are permanent visa and protection visa matters affected?

No.

The changes do not affect:

• permanent visa review matters; or
• protection visa review matters.

So, if the review is about a permanent visa or a protection visa, this specific change does not apply.

Why is this important?

This change is important because some applicants may not get the opportunity to explain their case at a hearing.

For affected temporary visa matters, the written case may become the most important part of the review.

Applicants should make sure their written submissions clearly explain:

• why the original visa refusal was wrong;
• what evidence supports their case;
• how they meet the visa requirements;
• any misunderstanding or error in the original decision; and
• any updated information that helps their case.

What should applicants do?

If your visa has been refused and you are applying for ART review, you should not wait for a hearing to fix the problems in your case.

Your written submissions and evidence should be prepared carefully from the beginning.

This is especially important if the refusal was about:

• not enough evidence;
• financial capacity;
• genuine student or genuine temporary stay concerns;
• inconsistent documents;
• employment or study history;
• relationship or family circumstances; or
• failure to satisfy a visa requirement.

Need help with a visa refusal?

Arta Migration assists with Australian visa refusals and ART review matters.

If your visa has been refused, you should act quickly because strict review deadlines usually apply.