ART Hearings Changes: What International Students Must Know

International students whose visas are refused will increasingly have their appeals decided without an in-person hearing, following new legislation aimed at reducing mounting backlogs in Australia’s migration review system.

Under laws passed this week, the government can require the Administrative Review Tribunal to determine certain migration appeals based solely on written submissions, removing the requirement for oral hearings. Student visa refusals will be the first category targeted under the reforms.

Attorney-General Michelle Rowland said the changes are designed to help the tribunal use its resources more efficiently and reduce processing delays, with officials estimating that removing hearings could save around one hour per case.

The tribunal system exists to allow applicants to challenge incorrect or unfair administrative decisions. However, prolonged processing times have also created opportunities for abuse, as lodging an appeal allows applicants to remain in Australia while waiting for an outcome sometimes for extended periods.

While this issue has long affected asylum claims, the post-COVID rebound in international education has led to a sharp rise in student visa appeals, particularly from applicants who applied for student visas while already in Australia on other temporary visas.

As of November 2025, there were 48,826 active student visa cases awaiting review at the tribunal, more than double the backlog recorded at the end of 2024. During the five months from July to November 2025, 15,582 new cases were lodged, while only 4,823 cases were finalised.

Of those resolved, approximately 44% were set aside, 25% were affirmed, and 29% were withdrawn. Median processing times have increased to one year and four months, up from under 11 months a year earlier.

Advocacy groups warn that paper-only decisions may heighten the risk of error and disproportionately affect applicants with limited English proficiency. Given that most cases hinge on the “genuine student” assessment, outcomes are likely to depend heavily on the quality of written submissions. Although the reforms may accelerate decision-making, they may also drive an increase in judicial review applications from applicants who argue they were denied a fair opportunity to fully present their case.

For international students, this raises the stakes, and the written evidence is no longer supporting material; it is the case.

#ARThearings #StudentVisa #VisaRefusal #InternationalEducation #StudyinAustralia #Educli