Administrative Review Tribunal and Other Legislation Amendment Act 2026

(3 of 2026)

An Act to amend the Administrative Review Tribunal Act 2024 and the Migration Act 1958, and for related purposes

[Assented to 9 February 2026]

The Parliament of Australia enacts:

1   Short title

This Act is the Administrative Review Tribunal and Other Legislation Amendment Act 2026.

2   Commencement

 

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

      

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3   Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1   Amendments

Part 1   Discretion to dispense with hearing

Administrative Review Tribunal Act 2024

1   Subsection 106(1)

Omit "(5)", substitute "(6)".

2   At the end of subsection 106(1)

Add:

Note: The Tribunal must make its decision in relation to an application for review of certain decisions under the Migration Act 1958 without holding the hearing of the proceeding (see section 367N of that Act). This section does not apply in relation to such applications (see paragraph 367D(g) of that Act).

3   At the end of section 106

Add:

Otherwise reasonable

(6) This subsection applies if it appears to the Tribunal that:

(a) the issues for determination in the proceeding can be adequately determined in the absence of the parties to the proceeding; and

(b) it is reasonable in the circumstances to make its decision in the proceeding without holding the hearing of the proceeding.

(7) However, subsection (6) does not apply unless:

(a) the Tribunal has given the parties to the proceeding (other than a non-participating party to the proceeding) a reasonable opportunity to make submissions to the Tribunal in relation to the Tribunal making its decision without holding the hearing of the proceeding; and

(b) the Tribunal has taken into account any submissions received.

4   Application provision

The amendments of section 106 of the Administrative Review Tribunal Act 2024 made by this Part apply in relation to:

(a) an application for review made on or after the commencement of this item; and

(b) an application for review made before the commencement of this item in relation to which the Tribunal has not, before that commencement, made its decision in the proceeding.

Part 2   Applications to be reviewed on the papers

Migration Act 1958

5   Subsection 5(1)

Insert:

application to be reviewed on the papers : see subsections 367C(2) and (3).

6   Subsection 336P(1)

Omit "section 357A", substitute "sections 357A and 367E".

7   Section 337

Insert:

application to be reviewed on the papers : see subsections 367C(2) and (3).

8   Division 4 of Part 5 (at the end of the heading)

Add " - general ".

9   Before section 357A

Insert:

357 Scope of this Division

(1) This Division applies in relation to an application made to the ART for review of a reviewable migration decision or a reviewable protection decision.

(2) However, this Division does not apply in relation to an application to be reviewed on the papers.

Note: Division 4A applies in relation to such an application (which is for review of a decision relating to a temporary visa, and is prescribed by the regulations (see section 367C)).

10   Subsection 362A(1)

Omit "Subject to subsections (2) and (3) of this section and sections 375A and 376, the applicant is entitled to request", substitute "An applicant may request that".

11   Subsection 362A(1)

Omit ", or a copy of any written material,".

12   Subsection 362A(1A)

Omit "an applicant", substitute "the applicant".

13   At the end of subsection 362A(1A)

Add "(which may be by way of access to a copy of the material)".

14   After subsection 362A(1A)

Insert:

(1B) However, the Department does not need to provide the applicant with access to material to which the following apply:

(a) section 375A (certain information only to be disclosed to ART);

(b) section 376 (ART's discretion in relation to disclosure of certain information etc.).

Interaction with the Privacy Act 1988

15   After subsection 362A(2)

Insert:

No access if the ART has given decision notice

16   After Division 4 of Part 5

Insert:

Division 4A - Conduct of ART review - applications to be reviewed on the papers

367C Scope of this Division

(1) This Division applies in relation to an application to be reviewed on the papers.

(2) An application made to the ART for review of a reviewable migration decision is an application to be reviewed on the papers if:

(a) the decision is a decision relating to a temporary visa; and

(b) the application is of a kind (if any) prescribed for the purposes of this subsection.

Note: An application made to the ART for review of a reviewable protection decision cannot be an application to be reviewed on the papers (see paragraph 338(1)(b)).

(3) However, an application is not, or ceases to be, an application to be reviewed on the papers if:

(a) the President of the ART refers the application to the guidance and appeals panel under section 122 of the ART Act; or

(b) the circumstances (if any) prescribed for the purposes of this paragraph apply in relation to the application.

Regulations

(4) Without limiting paragraphs (2)(b) and (3)(b), regulations made for the purposes of those paragraphs may prescribe kinds of, or circumstances relating to, applications made before, on or after the commencement of those regulations.

(5) The regulations may provide that specified steps taken under this Division or Division 4 in relation to applications that cease to be, or that become, applications to be reviewed on the papers are to be treated as steps taken under Division 4 or this Division (as the case may be).

367D Interaction with ART Act

The following provisions of the ART Act do not apply in relation to applications to be reviewed on the papers:

(a) sections 43 to 46 (reconstitution of Tribunal);

Note: See section 367L (ART may be reconstituted) of this Act.

(b) section 55 (right to present case);

Note: See sections 367E (exhaustive statement of natural justice hearing rule) and 367N (decision without hearing) of this Act.

(c) paragraph 63(2)(a) (non-participating party may be required to appear);

(d) Subdivision A of Division 6 of Part 4 (Tribunal powers relating to hearings and evidence), other than sections 70 and 71 (Tribunal may restrict publication or disclosure of information);

(e) paragraphs 79(2)(c) to (i) and (k) (Tribunal directions in relation to hearings);

(f) sections 80 to 83 (Tribunal powers in relation to hearings);

(g) section 106 (review of decisions without hearing);

Note: See section 367N (decision without hearing) of this Act.

(h) any other provision prescribed by the regulations.

Note: Other provisions of the ART Act do not apply in relation to applications to be reviewed on the papers (see, for example, subsection 336P(2) of this Act).

367E Exhaustive statement of natural justice hearing rule

(1) The relevant provisions are taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the matters they deal with.

(2) If there is any inconsistency between the relevant provisions and any of the following provisions of the ART Act, the relevant provisions prevail to the extent of the inconsistency:

(a) section 49 (Tribunal has discretion in relation to procedure);

(b) section 50 (Tribunal is to act informally etc.);

(c) section 51 (Tribunal to be accessible);

(d) section 53 (Tribunal controls scope of review of decision).

Note 1: The ART Act generally applies in relation to reviews by the ART (see subsection 336P(1) of this Act).

Note 2: Various provisions of the ART Act do not apply in relation to applications to be reviewed on the papers (see subsection 336P(2) and section 367D of this Act).

(3) As an exhaustive statement of the requirements of the natural justice hearing rule, the relevant provisions do not require the ART to observe any principle or rule of common law relating to the matters the relevant provisions deal with.

(4) In this section, the relevant provisions are:

(a) this Division; and

(b) sections 374, 375, 375A and 376 and Division 7, in so far as they relate to this Division.

367F ART must invite submissions and evidence on certain issues

(1) The ART must, in relation to an application to be reviewed on the papers, invite the applicant to give the ART written submissions and evidence relating to the following issues (the relevant issues ):

(a) if the application is for review of a decision to refuse to grant a visa:

(i) if the refusal was because the applicant did not satisfy a criterion for the visa - whether the applicant satisfies that criterion; and

(ii) if the refusal was because a provision of this Act or the regulations prevented the grant of the visa - whether that provision prevents the grant of the visa;

(b) in any case - any other issue prescribed by the regulations.

(2) A reference to the issue specified in subparagraph (1)(a)(i) as to whether the applicant satisfies a criterion for the visa:

(a) is a reference to whether the applicant satisfies the criterion generally, and not only the parts or aspects of the criterion that formed the basis of the refusal; and

(b) is not limited to the reasons referred to in the notification of the refusal.

(3) Subject to section 367G, before making a decision on the application, the ART is not required to:

(a) do anything further to put the applicant on notice of the relevant issues; or

(b) seek any further submissions, evidence or other information from the applicant in relation to the relevant issues.

367G ART must give adverse information to applicant

(1) The ART must:

(a) give to the applicant clear particulars of any information that the ART considers would be the reason, or a part of the reason, for affirming the decision that is under review; and

(b) ensure, as far as is reasonably practicable, that the applicant understands why the information is relevant to the review, and the consequences of the information being relied on in affirming the decision that is under review; and

(c) invite the applicant to comment on the information.

Exception - certain kinds of information

(2) Subsection (1) does not apply in relation to information:

(a) that is not specifically about the applicant or another person and is just about a class of persons of which the applicant or other person is a member; or

(b) that the applicant gave for the purpose of the application for review; or

(c) that the applicant gave during the process that led to the decision that is under review, other than such information that was provided orally by the applicant to the Department; or

(d) that is non-disclosable information; or

(e) that was included, or referred to, in the written statement of the decision that is under review; or

(f) that is prescribed by regulation for the purposes of this paragraph.

(3) The ART is not required to give particulars of information mentioned in subsection (2) to the applicant before making a decision on the application under:

(a) section 105 (decision to affirm, vary, or set aside and substitute or remit) of the ART Act; or

(b) section 349 (decision to set aside and remit relating to a prescribed matter) of this Act.

Does not include certain affirmations of dismissal

(4) A reference in this section to affirming a decision that is under review does not include a reference to the affirmation of a decision that is taken to be affirmed under subsection 368C(6).

367H Content of invitation and adverse information given

(1) Any invitation given under subsection 367F(1), or any information and invitation given under subsection 367G(1), must:

(a) be given in writing; and

(b) be given:

(i) unless subparagraph (ii) applies - by one of the methods specified in section 379A; or

(ii) if the applicant is in immigration detention - by a method prescribed for the purposes of giving documents to such a person; and

(c) specify that the applicant must respond in writing; and

(d) specify the period (the response period ) within which the applicant must respond; and

(e) be given in accordance with the prescribed requirements (if any).

(2) The response period must be:

(a) if a period is prescribed for the purposes of this paragraph - that period; or

(b) in any other case - a reasonable period specified in the notice.

Note: The ART does not have the power to extend the response period.

367J Applicant to have access to written material before Tribunal

(1) An applicant may request that the Department provide access to any written material given or produced to the ART by the Department for the purposes of the review.

(2) If the applicant makes a request under subsection (1), the Department must provide the applicant with access to the material (which may be by way of access to a copy of the material).

(3) However, the Department does not need to provide the applicant with access to material to which the following apply:

(a) section 375A (certain information only to be disclosed to ART);

(b) section 376 (ART's discretion in relation to disclosure of certain information etc.).

Interaction with the Privacy Act 1988

(4) This section does not override any requirements of the Privacy Act 1988. In particular, this section is not to be taken, for the purposes of that Act, to require or authorise the disclosure of information.

No access if the ART has given decision notice

(5) This section does not apply if the ART has given the applicant a copy of the statement required by subsection 368(1).

367K Reviews may be combined

The ART may combine reviews under 2 or more applications to be reviewed on the papers in respect of the same person.

367L ART may be reconstituted

At any time before the ART makes its decision in a proceeding in relation to an application to be reviewed on the papers, the President of the ART may reconstitute the Tribunal (within the meaning of the ART Act).

Note: Section 48 of the ART Act applies after the ART is reconstituted.

367M Dismissing applications to be reviewed on the papers

(1) The ART must dismiss an application if the applicant does not respond to an invitation, in relation to the application, given by the ART under subsection 367F(1), within the response period mentioned in paragraph 367H(1)(d) for the invitation.

(2) This section does not limit any other power of the ART to dismiss an application.

Note 1: The ART may dismiss an application, for example, if the applicant fails to comply with an order of the ART in relation to the proceeding (see section 100 of the ART Act).

Note 2: The ART must, under section 368B, notify the applicant of a decision to dismiss an application.

Note 3: The applicant may, within 28 days after receiving the notice, apply to the ART for reinstatement of the application (see section 368C).

367N Decision without hearing

(1) The ART must make its decision in the proceeding in relation to an application to be reviewed on the papers:

(a) after considering:

(i) any submissions, evidence and comments given by the applicant; and

(ii) any other documents and things given to the ART in relation to the proceeding; and

(b) without holding the hearing of the proceeding.

Note 1: Section 106 of the ART Act does not apply in relation to the application (see paragraph 367D(g) of this Act).

Note 2: This subsection does not apply if the application has been dismissed, unless the application is reinstated (see sections 367M and 368C).

(2) The applicant is not entitled to appear before the ART.

(3) The ART must not make the decision before the later of the following:

(a) the end of the response period mentioned in paragraph 367H(1)(d) for any invitation given under subsection 367F(1), or any information and invitation given under subsection 367G(1), in relation to the application;

(b) the end of any period within which a party to the proceeding must give information or documents under an order made under section 79 of the ART Act in relation to the application.

17   Paragraph 368B(1)(b)

Repeal the paragraph, substitute:

(b) a decision under section 367M of this Act to dismiss an application to be reviewed on the papers;

(c) a decision under section 368C of this Act to reinstate an application.

18   Section 368C(2)

Omit "of the ART Act".

19   At the end of paragraphs 368C(2)(a) to (c)

Add "of the ART Act".

20   After paragraph 368C(2)(c)

Insert:

; (d) section 367M (dismissing applications to be reviewed on the papers) of this Act.

21   Application provision

(1) The amendments made by this Part apply in relation to:

(a) an application made on or after the commencement of this item to the Administrative Review Tribunal (the ART ) for review of a decision; and

(b) an application made before the commencement of this item to the ART for review of a decision in relation to which the President of the ART has not, before that commencement, directed that a member or members constitute the ART under section 37 of the Administrative Review Tribunal Act 2024.

(2) Subitem (3) applies if:

(a) before the commencement of this item, the ART gave any information and invitation under section 359A of the Migration Act 1958 to a person who had made an application to the ART for review of a reviewable migration decision; and

(b) immediately after the commencement of this item:

(i) the ART has not yet made a decision on a review (within the meaning of section 337of that Act) in relation to the application; and

(ii) the application is an application to be reviewed on the papers.

(3) The following have effect:

(a) the information and invitation is taken to be given under subsection 367G(1) of the Migration Act 1958;

(b) the information and invitation is taken to have been given in accordance with section 367H of that Act.

Part 3   Other amendments

Administrative Review Tribunal Act 2024

22   Subsection 212(2)

After "President" (first occurring), insert "in the circumstances mentioned in paragraph (1)(a) (vacancy in the office of President)".

23   After subsection 212(2)

Insert:

(2A) A person must not be appointed to act as the Presidentin the circumstances mentioned in paragraph (1)(b) (absence, etc.) unless:

(a) either:

(i) the person is qualified, as mentioned in subsection 205(3), to be appointed as the President; and

(ii) the Minister has consulted the Chief Justice of the Federal Court; or

(b) the person is a member who is a Non-Judicial Deputy President.

(2B) An appointment of a member who is a Non-Judicial Deputy President to act as the President as mentioned in paragraph (2A)(b) must not be for a period of more than 3 weeks.

24   Subsection 212(7)

Repeal the subsection, substitute:

(7) The extension must not be for more than:

(a) unless paragraph (b) applies - 12 months; or

(b) in the case of a Non-Judicial Deputy President appointed to act as the President as mentioned in paragraph (2A)(b) - 3 weeks.

25   After paragraph 279(2)(a)

Insert:

(ab) other than in accordance with subsection (2A) - a function or power under section 200 (giving directions) or subsection 203(3) (restricting member's duties); or

26   Subsection 279(2) (table items 8 and 11)

Repeal the items.

27   After subsection 279(2)

Insert:

Functions and powers that may only be delegated to a Non-Judicial Deputy President

(2A) The President may, in writing, delegate the President's functions or powers under section 200 (giving directions) or subsection 203(3) (restricting member's duties) to a member who is a Non-Judicial Deputy President.