The Tribunal to review student visa refusals on the papers

Migration Amendment (Administrative Review of Student Visa Refusal Decisions) Regulations 2026

Most student visa refusal reviews will now be decided on written evidence alone, except for more serious refusal grounds, with a key focus on confirming genuine course enrolment.

Yesterday, 28 May 2026, the Australian Government has introduced Migration Amendment (Administrative Review of Student Visa Refusal Decisions) Regulations 2026 set to commence on 01 June 2026. This instrument is made under the Migration Act 1958 (Cth).

This instrument makes amendments to the regulations and provides for how the student visa refusal decisions are reviewed by the Administrative Appeals Tribunal (ART) and aims to streamline processes and increase efficiency.

The major change introduced by this instrument is that review of the Student Visa applications by the ART would in general be on the papers except where circumstances exist in line with the instrument in which an application is not an application to be reviewed on the papers. There are certain circumstances where the application will not be handled by papers. A case will not be handled by papers if the refusal involved serious criteria such as public interest criteria or the special return criterion.

The ART must invite written submissions for the applications that are reviewed on the papers, particularly seeking submissions on whether the applicant is genuinely enrolled in an eligible course of study.