New Tribunal Laws Mean More Decisions Without Hearings – What This Means for Visa Applicants

On 5 February 2026, the Australian Government passed new legislation aimed at improving the efficiency of the Administrative Review Tribunal (ART).

The reforms, introduced by the Albanese Government, give the Tribunal greater flexibility to decide certain cases based on written submissions alone, without holding an oral hearing. The stated aim is to reduce delays, manage resources more effectively, and deliver faster outcomes for applicants.

What’s changing?

Under the new legislation:

The Tribunal can decide some matters “on the papers” without an oral hearing

Certain temporary visa decisions will be reviewed without hearings

Student visa refusal matters are intended to be the first category affected

Applicants will still be given the opportunity to fully present their case in writing

The Tribunal must consider all documents submitted before making a decision

These changes follow recommendations from the 2023 Nixon Review into Australia’s visa system and are intended to support more proportionate and timely decision-making

What does this mean for visa applicants?

For many applicants, this means:

Written submissions and evidence will become even more critical

There may be fewer opportunities to explain your case verbally to a Tribunal Member

Strong legal drafting, clear explanations, and well-organised evidence will be key to success

Some matters may be resolved faster, without the delay of waiting for a hearing date

While faster decisions can be positive, paper-based reviews can also be more challenging for applicants who rely on oral evidence to explain complex personal circumstances.

How Wickham Lawyers can help

If your matter is before the Administrative Review Tribunal, or you are considering lodging a review application, early legal advice is now more important than ever. A carefully prepared written case can significantly impact the outcome when hearings are not guaranteed.

Wickham Lawyers assists clients with:

Tribunal review applications

Preparing strong written submissions

Structuring evidence for paper-based decisions

Advising on prospects and strategy under the new Tribunal framework

If you need guidance on how these changes may affect your visa or Tribunal matter, our team can help you prepare a strong and well-supported application.