Why Is My Visa Case Being Decided Without A Hearing?

If you applied for a review at the Administrative Review Tribunal (ART) expecting to appear and explain your case, but were told your matter will be decided "on the papers," you're not imagining things — Australian migration law genuinely changed in 2026. Here's exactly what's happening and how to protect your case.

What Does "Decided On The Papers" Mean?

"On the papers" means the ART Tribunal member decides your case using only your written submissions, evidence, and the documents already before it — without an oral hearing, in-person or video appearance, or opportunity to give verbal evidence. Everything now rides on what's in writing, which makes the quality of your submissions more important than ever before.

Why Is This Happening Now?

The Administrative Review Tribunal and Other Legislation Amendment Act 2026 received Royal Assent on 9 February 2026 and commenced from 18 May 2026. It amends both the Administrative Review Tribunal Act 2024 and the Migration Act 1958, expanding the Tribunal's power to decide matters without an oral hearing. The reforms respond to integrity objectives from the 2023 Rapid Review into the Exploitation of Australia's Visa System (the Nixon Review) and aim to reduce backlogs across high-volume visa categories.

Which Visa Reviews Are Affected?

Two separate pathways now allow paper-based decisions:

• Discretionary "on the papers" power — under amended section 106 of the ART Act, the Tribunal may decide without a hearing if the issues can be adequately determined from the material available and it's reasonable in the circumstances to do so
• Mandatory paper-only review — under new Division 4A of Part 5 of the Migration Act, certain prescribed visa categories must be reviewed entirely on the papers, with no hearing at all

Student visa (Subclass 500) refusals and other prescribed temporary visa categories are the primary focus, while permanent visa and protection visa reviews are not affected by the mandatory pathway.

The Safeguards That Still Apply

The Tribunal cannot simply skip your hearing on a whim. Before deciding a matter without one, it must be satisfied that:

1. The issues in dispute can be adequately resolved on the available written material
2. It is reasonable in the circumstances to proceed without a hearing
3. All parties have been given a genuine opportunity to make written submissions
4. Any submissions received have actually been considered before the decision is made

These requirements exist to preserve procedural fairness even where no hearing takes place.