The Administrative Review Tribunal and Other Legislation Amendment Bill 2025: A Government‑Aligned Guide by MigrateVerse
Explore the significant changes introduced by the ART Bill 2025, including the expansion of 'paper-based' reviews for migration cases and what it means for applicants.
In late 2025, the Australian Government introduced a significant reform bill influencing how federal administrative reviews are conducted. This forms part of established reforms to Australia’s administrative justice system following the replacement of the Administrative Appeals Tribunal (AAT) with the Administrative Review Tribunal (ART).
In our guide, we will talk about:
- What is the bill and its official purpose?
- Why was it introduced and the policy context?
- Key provisions and how they amend laws?
- What it means for people and practitioners?
- Parliamentary scrutiny and committee reports
- Key issues and stakeholder responses
Background: Administrative Review in Australia
To better understand the reforms, it's essential to look at the transition from the old system to the new specialized tribunal.
From AAT to Administrative Review Tribunal
Before October 2024, the Administrative Appeals Tribunal (AAT) was Australia’s principal body for merits review across migration, taxation, social security, and the NDIS. In October 2024, the ART Act 2024 came into effect, replacing the AAT to address systemic inefficiencies and backlogs.
Build a more accessible, efficient, and user-focused tribunal with a transparent procedural framework and updated statutory powers.
The ART holds the broad jurisdiction of the former AAT but is intended to clear massive migration and visa review backlogs.
What Is the Administrative Review Tribunal & Other Legislation Amendment Bill 2025?
Introduced on 3 September 2025, the Bill is a legislative proposal from the Attorney‑General’s portfolio intended to amend both the ART Act 2024 and the Migration Act 1958.
Core Purpose (Government Position)
The Bill's clear goal is to require that some migration review judgements be decided in this way and to increase the range of situations in which the ART may decide without holding an oral hearing. The government claims this will improve efficiency and reduce procedural delays. Cases that can be fairly settled through written submissions should be allowed to speed up results and clear records.
Policy & Legislative Context
The transition specifically addresses systemic issues found in the previous AAT system, particularly in high-volume migration and protection visa areas.
Why Reform Administrative Review?
One specific driver is the 2023 Nixon Review, a rapid inquiry into exploitation within Australia’s visa system. It recommended greater flexibility in review procedures and the introduction of ‘paper‑based’ reviews for certain decision categories. This enables "on the papers" reviews-judgements based purely on written information without a live, oral hearing.
Statutory Obligations: Both the ART Act and Migration Act incorporate concepts of fairness and accessibility. The Tribunal must analyze relevant facts and law to make a just determination on whether to uphold or overturn original decisions.
Key Provisions of the Bill
1Expansion of “Review on the Papers” in the ART Act
The Bill significantly expands the Tribunal’s discretion to make decisions without oral hearings if the issues can be fairly decided based on written materials. Parties are still allowed to make submissions about whether a hearing should be held, preserving procedural fairness.
2Mandatory Paper‑Based Reviews for Migration Decisions
The Bill inserts a new Division 4A of Part 5 into the Migration Act, establishing a bespoke process:
Applications for merit review of decisions refusing a student visa must be reviewed on the papers.
Regulations may prescribe other categories of temporary visa decisions that must be decided without oral hearings.
Permanent & Protection Visas: These remain excluded from mandatory on-the-papers review, but the Tribunal retains discretion to use the paper process where appropriate. Applicants are not entitled to personal appearances under paper review.
3Procedural & Natural Justice Requirements
The provisions relating to paper‑based reviews are regarded as the exhaustive statement of natural justice requirements for those cases. Natural justice provisions primarily relating to oral hearings no longer apply to paper-based reviews, reflecting the different nature of the process.
4Transitional Arrangements
The Bill provides transitional provisions ensuring that applications already submitted before commencement continue under the old rules. New paper‑based processes apply only to eligible applications made after commencement.
Parliamentary Consideration & Committee Report
The Bill underwent scrutiny by the Senate Legal and Constitutional Affairs Legislation Committee, which released its report in November 2025.
Key recommendations included:
- Considering amendments to enhance operational efficiency and President delegation powers.
- Ensuring written reasons can be provided when requested, reflecting careful analysis of fairness.
Government & Attorney‑General’s Position
Designed to strengthen the ART by providing procedural flexibility while preserving overall fairness.
Allows decisions based on written submissions to better manage high caseload resources and reduce delay.
Changes are not intended to limit natural justice; applicants still present their case through written submissions.
Implications For Review Applicants
The most direct impact will be on people whose decisions are being reviewed, especially student visa holders.
For Individuals
For Practitioners
Timeline & Current Status
The Bill has been passed by both houses of Parliament and is in the process of becoming law. Enactment is expected soon, which means relevant parts of the Migration Act and ART Act will be amended soon.
Conclusion
Administrative Review Tribunal and Other Legislation Amendment Bill 2025 represents a significant legislative reform aimed at modernising federal administrative review processes in Australia.
As these reforms take effect, practitioners, applicants, and the general public will need to comprehend and adjust to the new procedures and expectations. Ensuring that rights of review are protected within the framework of procedural fairness remains the central goal of this modernization effort.
Official Source Note
This blog is based entirely on information from official Australian Government sources, including the Parliament of Australia and the Attorney‑General’s Department. It is a guide to help understand the Administrative Review Tribunal and Other Legislation Amendment Bill 2025 and does not constitute legal advice.
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