Student Visa ART Reviews May Now Be Decided Without a Hearing

From 1 June 2026, many student visa ART review applications may be decided without an oral hearing. This means the Administrative Review Tribunal may review the case based on written submissions and documents instead of asking the applicant to attend a hearing.

This change is important for people whose subclass 500 student visa has been refused and who want to apply for merits review.

What does “on the papers” mean?

An “on the papers” review means the Tribunal may make a decision based on the written material before it. This can include:

• the original visa application;
• the Department’s refusal decision;
• documents already provided;
• written submissions;
• new supporting evidence; and
• any further information requested by the ART.

In simple terms, the applicant may not get an oral hearing. Therefore, written evidence and submissions become even more important.

Which student visa reviews are affected?

The new rule generally applies to reviews of student visa refusal decisions. It may apply to:

• review applications lodged on or after 1 June 2026; and
• some applications lodged before 1 June 2026, if the Tribunal has not yet been constituted.

However, not every student visa refusal review will be decided on the papers.

When will the ART still not review the case on the papers?

The rules include exceptions. A student visa review may not be handled on the papers if the refusal involved serious issues, including:

• character or security-related public interest criteria;
• health-related issues such as PIC 4007;
• bogus documents or misleading information, including PIC 4020;
• special return criteria; or
• other prescribed public interest criteria.

Therefore, applicants should carefully review the reason for refusal before assuming that their matter will be handled without a hearing.

Why this change matters

Previously, many applicants expected to have an opportunity to explain their case in person or through a representative at a Tribunal hearing.

Now, for many student visa refusal reviews, applicants may need to present their full case in writing.

This means applicants should take extra care with:

• written submissions;
• evidence of genuine study intentions;
• financial documents;
• course enrolment documents;
• explanations for any gaps or weaknesses;
• responses to the Department’s concerns; and
• any request or invitation issued by the ART.

If the written material is incomplete, unclear, or poorly prepared, the applicant may lose the chance to properly explain their case.

ART deadlines are very important

Applicants must also pay close attention to ART deadlines.

Depending on the type of invitation issued, the response period may be 14 days or 28 days. Missing a deadline may have serious consequences.

For example, in some cases, failure to respond may lead to dismissal of the review application.

What should refused student visa applicants do?

If your student visa has been refused, you should act quickly. You should:

• check the review deadline;
• read the refusal decision carefully;
• identify the exact reasons for refusal;
• gather strong supporting evidence;
• prepare clear written submissions;
• respond to any ART invitation on time; and
• seek professional advice if you are unsure.

Because the ART may decide many student visa reviews without a hearing, you should not wait for a hearing to explain your case. Your written material may be your main opportunity to respond.

Need help with a student visa refusal?

If your student visa has been refused, Arta Migration can review your refusal decision and advise you on your options.

We can help you understand whether you may have grounds for review and what evidence may be needed to support your case.