‘On the Papers’ – Recent Changes to Reviewing Student Visa Refusal Decisions

Written by Senior Associate Matilda Gee and Destan Kara, Legal Administrative Assistant | Last reviewed: June 2026

The Migration Amendment (Administrative Review of Student Visa Refusal Decisions) Regulations 2026 came into effect in late May 2026. This now means that Tribunal applications for review of Student visa (subclass 500) refusals will primarily be reviewed on the papers, rather than through a live hearing. As a result, it is essential that written material provided to the Tribunal is of a high quality, accurate, and complete. Ensuring that this documentation is aligned with the visa requirements and that the Administrative Review Tribunal’s deadlines are met will help to avoid automatic dismissals and improve chances of success.

This article will look at the amendments made by the Department of Home Affairs, highlighting important information that applicants should look out for in their application for review to the Tribunal.

A Review ‘On the Papers’ – Student Visa Refusal

Recent amendments made by the Department of Home Affairs now indicate that majority of student visa refusal reviews are to be decided solely on written documentation, statements, and evidence submitted to the  Administrative Review Tribunal. Applicants will no longer be required to attend a live hearing to present their case, unless exceptions apply, such as the applicant failing certain Public Interest Criteria (PIC).

Where all or part of the reason for refusal was based on the applicant failing certain PIC, a review will not be conducted on the papers. These PICs include but are not limited to: character tests, fraud, various risk factors such as unlawful departure, and health requirements.

The ART is required to invite the primary applicant to provide written submissions and evidence. If a matter is no longer eligible for review on the papers, such as resulting from the circumstances listed above, then a prior invitation by the ART can be considered so that an invite does not have to be reissued.

Administrative Review Tribunal – Meeting Deadlines

Applicants must ensure that they keep up to date with any deadlines provided by the ART to minimise the risk of a refusal.

Generally, an applicant has 28 days to respond to an invitation issued by the ART. Not doing so can result in a direct dismissal of the review in its entirety.

Otherwise, an applicant has 14 days to respond to an invitation issued by the ART; if the applicant fails to respond in the time frame under this section, the ART must still consider information that was received after the deadline, provided that a decision has not been made.

It is extremely important to ensure that deadlines are met to prevent any unnecessary risks to your review process and to minimise the potential for a direct dismissal.

Key Takeaways

Recent legislative amendments now mean that Tribunal applications for review of Student visa refusals will primarily be reviewed on the papers rather than through a live hearing. Now, more than ever, the written documentation provided to the Tribunal must be comprehensive and detailed to prevent risks to the review process and keep it as streamlined as possible on the road to an outcome.

All Access Migration – How We Can Help

If you have had a visa refusal and require assistance in submitting an application for review, our team of migration lawyers can help. By providing you with a detailed strategy and helping to ensure the evidence provided to the ART is complete and accurate, our team of professionals can assist you in developing clear and competent submissions. In working closely with your matter, we will oversee correspondence with the Department and ensure that deadlines are met. Contact us today to schedule an initial consultation. Our team is happy to provide you with advice specific to your circumstances.