If you (or a family member or employee) are in merits review at the Administrative Review Tribunal (ART), there’s an important shift to be aware of: more migration matters can be decided without an oral hearing, based primarily on written documents and submissions.
On 5 February 2026, the Government announced that legislation has passed to strengthen the ART and improve efficiency, including expanded pathways for “on the papers” decision-making.
This doesn’t remove review rights — but it can change the way some cases are handled, and it means your written material may carry even more weight.
What has changed
The reforms create two key pathways for paper-based decision-making:
1) The Tribunal can decide more matters “on the papers”
The Tribunal now has broader ability to determine certain matters without a hearing where it is appropriate to do so. The overall intent is to help suitable cases move more efficiently, while still ensuring parties have a fair chance to present their case.
2) Certain temporary visa reviews may be required to be paper-based
The reforms also introduce a process under the Migration Act for certain types of temporary visa review matters to be dealt with without a hearing, with initial focus indicated on student visa refusal decisions (and the ability for other categories to be prescribed).
Why this matters for migration clients
Many applicants assume they will have an opportunity to “explain everything at a hearing”. With expanded paper-based pathways, some people may have fewer opportunities to clarify issues in person.
That makes it even more important to ensure:
- Your written submission is clear and complete
Address the refusal/cancellation reasons directly and explain your position logically. - Your documents are well organised and consistent
Provide evidence in a structured way (index, labels, and clear file names). Don’t assume the decision-maker will connect the dots. - You respond to Tribunal requests on time
Paper-based processes rely heavily on written directions and deadlines. Missing a request can have serious consequences.
What stays the same: fairness and your right to be heard
Even where a matter is determined on the papers, the Tribunal process is still expected to be fair. The purpose of these reforms is to improve efficiency — not to remove procedural fairness — so the way you present your case in writing becomes the key focus.
Practical tips if you are in (or considering) Tribunal review
- Assume your case may be decided on documents alone
Prepare your written case as if there may be no hearing. - Respond point-by-point to the decision reasons
Avoid general statements. Tie each point to evidence. - Front-load your best evidence early
Provide the strongest documents upfront, especially for issues the Department raised. - Keep a clean timeline
Dates should match across forms, statements, and documents. If something doesn’t match, explain it clearly. - Be strict with deadlines and contact details
Make sure the Tribunal has your correct email/phone and diarise due dates.
Where to check official information
The Government’s announcement provides an overview of the reforms and the direction of travel for Tribunal reviews, including increased scope for paper-based decisions.
Need help preparing a decision-ready written case?
If you’re in Tribunal review (or considering lodging), Southern Stone can help you understand the process, identify the strongest evidence, and prepare clear written submissions that directly address the issues in your decision. With more matters potentially being decided on the papers, it is more important than ever to have the right representation to ensure your case is presented accurately, persuasively, and within required timeframes.
