The Administrative Review Tribunal and Other Legislation Amendment Bill 2025: A Government‑Aligned Guide by migrateVerse

In late 2025, the Australian Government introduced a significant reform bill influencing how federal administrative reviews are conducted, the Administrative Review Tribunal and Other Legislation Amendment Bill 2025. This bill forms part of important reforms to Australia’s administrative justice system following the replacement of the long‑standing Administrative Appeals Tribunal (AAT) with the newly established Administrative Review Tribunal (ART). The differences have wide‑ranging operational and procedural implications especially for migration reviews & other reviewable decisions.

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 existing laws? 
• What does it mean for people and practitioners? 
• Parliamentary scrutiny & committee recommendations
• Key issues and stakeholder responses

Background: Administrative Review in Australia

Here are some things that you should know to better understand the background: 

From AAT to Administrative Review Tribunal

Before October 2024, the Administrative Appeals Tribunal (AAT) was Australia’s principal body for merits review of government decisions, which covers a range of areas that include migration, taxation, social security, NDIS, and more.

In October 2024, the Administrative Review Tribunal (ART) replaced the AAT following the passage of the Administrative Review Tribunal Act 2024. This reform was the result of extensive parliamentary consideration and a recognition by government that the AAT had become inefficient and backlogged, particularly in migration and visa reviews.

The ART holds the broad jurisdiction of the former AAT but is intended to be more accessible, efficient, and user-focused, with a transparent procedural framework and updated statutory powers.

What Is the Administrative Review Tribunal & Other Legislation Amendment Bill 2025?

The Administrative Review Tribunaland Other Legislation Amendment Bill 2025 (hereafter “the Bill”) is a legislative proposal introduced by the Australian Government, through the Attorney‑General’s portfolio, to amend:

1. The Administrative Review Tribunal Act 2024 (ART Act)
2. The Migration Act 1958

The Bill was introduced on 3 September 2025 and formally referred to the Senate Legal and Constitutional Affairs Legislation Committee for report and inquiry.

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 Administrative Review Tribunal may decide without holding an oral hearing. The government claims that by doing this, merit review procedures will become more efficient and have fewer procedural delays.

The Attorney General’s Department clarified in a press release that hearings require a lot of resources and that, in order to speed up results and clear backlogs, cases that can be fairly settled through written submissions should be allowed.

Policy & Legislative Context

For better understanding, it is essential that you are well aware about the policy and legislative context: 

Why Reform Administrative Review?

Backlogs, inefficiencies, and delays in providing final decisions, particularly in the reviews of migration and protection visas, were among the systemic issues found in the previous AAT system that the ART was created to address.

One specific driver of the Bill is the 2023 Nixon Review, a government‑initiated rapid review into exploitation of Australia’s visa system, which recommended greater flexibility in review procedures and the introduction of ‘paper‑based’ review for certain categories of decisions.

The Bill is intended to give statutory substance to some of those proposals by allowing for “on the papers” reviews, which are based purely on written information given by the parties and do not involve a live, oral hearing.

Statutory Obligations of the ART

Both the ART Act and the Migration Act incorporate concepts of fairness, openness and accessibility. When evaluating decisions, the Tribunal must analyse the relevant facts and law and make a fair and just determination on whether to uphold, modify, or overturn the original administrative decision. 

Key Provisions of the Bill

The Bill introduces significant amendments to both the ART Act and the Migration Act. Below are the headline changes:

1. Expansion of “Review on the Papers” in the ART Act

Previously, the ART could dispense with oral hearings and decide a matter “on the papers” only in limited circumstances. The Bill significantly expands the Tribunal’s discretion to make decisions without oral hearings if:

• Issues can be fairly decided based on written materials.
• Tribunal has allowed parties to make submissions about whether a hearing should be held.

Moreover, the Tribunal still invites submissions from candidates before dispensing with a hearing, preserving procedural fairness.

2. Mandatory Paper‑Based Reviews for Certain Migration Decisions

Under the Migration Act, the Bill inserts a new Division 4A of Part 5, which establishes a bespoke process for paper‑based migration review.

Student Visa Refusals

Applications for merit review of decisions refusing a student visa must be reviewed on the papers.

Temporary Visa

Regulations may prescribe other categories of temporary visa decisions that must be decided without an oral hearing.

Permanent & Protection Visas

These remain excluded from mandatory on‑the‑papers review, but the Tribunal retains discretion to use the paper process where appropriate. 

Also, under a paper review, tribunal’s judgement must be based solely on the information presented; the applicant is not entitled to an in-person appearance.

3. Procedural & Natural Justice Requirements 

The Bill specifies that the provisions relating to paper‑based reviews and other procedural guidelines are regarded as the exhaustive statement of natural justice requirements for those cases. 

Importantly, this means some natural justice provisions that relate primarily to oral hearings no longer apply to paper‑based reviews, reflecting the fundamentally different process.

4. Transitional Arrangements

The Bill provides transitional provisions ensuring that:

Applications already submitted before commencement but not continue under the old rules.

New paper‑based processes apply to only eligible applications made after commencement.

Parliamentary Consideration & Committee Report

The Bill was referred to the Senate Legal and Constitutional Affairs Legislation Committee, a standard process of parliamentary scrutiny.

The Committee Report (November 2025) made recommendations, including:

• Considering amendments to enhance operational efficiency;
• Adding provisions that give the ART President greater delegation powers;
• Ensuring written reasons can be provided when requested.

These committee recommendations reflect careful analysis of practical and fairness considerations from practitioners, government and stakeholders.

Government And Attorney‑General’s Official Justification

According to the Attorney‑General’s Department’s official media releases and statements:

1. The Bill is designed to strengthen the ART by providing it with greater procedural flexibility and tools to make timely decisions while preserving fairness.

2. By allowing decisions to be made based on written submissions, the Tribunal can better manage resources and reduce delay. 

3. These changes are not intended to limit natural justice; applicants still have a chance to present their case through written submissions and receive a decision that treats their material fairly.

Implications For Review Applicants

For Individuals Seeking Reviews

The most direct impact will be on people whose decisions are being reviewed especially:

• Student visa applicants whose refusals will be reviewed solely on written material.
• Applicants for certain other temporary visas; review entitlements may be changed by later regulations.

This shift means that oral advocacy, including lawyer or representative appearance may no longer be possible for such cases. Instead, applicants will need to ensure that written submissions are comprehensive and focused on relevant legal and factual issues.

Timeline & Current Status

As of early February 2026, the Bill had been passed by both houses of Parliament and was in the process of becoming law, which means that its provisions would be enacted soon, subject to proclamation. 

What Happens Next?

Once the Bill becomes law, these are the things that can possibly happen next: 

• Relevant parts of the Migration Act and ART Act will be amended.
• Regulations may be made prescribing other temporary visa categories for paper‑based review.
• Legal and representative practices may need to adapt to a greater focus on written submissions.

New administrative law amendments in Australia aim to strike a balance between efficiency and fairness in high-volume review processes.

Conclusion

Administrative Review Tribunal and Other Legislation Amendment Bill 2025 represents a significant legislative reform aimed at modernising federal administrative review processes in Australia. Rooted in government and parliamentary scrutiny, Bill amends key elements of the ART Act and Migration Act to enable decisions to be made without oral hearings in certain conditions, particularly for migration matters like student visa refusals.

As these reforms take effect, practitioners, applicants, and the general public will need to comprehend and adjust to the Administrative Review Tribunal’s new procedures and expectations, all while ensuring that rights of review are protected within the framework of procedural fairness.