Summary
14 May 2026
Proclamation registered
‘On the papers’
New ART review mode
Key data on ‘on the papers’ ART reviews
What has been announced for ART reviews?
The source confirms a proclamation has been registered to commence changes to the Migration Act 1958 (Cth). Those changes will require the Administrative Review Tribunal (ART) to decide some reviews on the papers, meaning based on written material rather than an in-person or virtual hearing.
No additional public data is provided on which visa subclasses, refusal types, or applicant cohorts this will cover. The article also does not state the exact commencement date contained in the proclamation, only that the proclamation has been registered and that commencement has been set.
| Data point | What we know from the source | What is not stated |
|---|---|---|
| Legislation | Changes to the Migration Act 1958 (Cth) | No section numbers or detailed provisions are given |
| Decision-maker | The Administrative Review Tribunal (ART) | No comparison with the former Administrative Appeals Tribunal (AAT) |
| Decision method | Some reviews will be decided “on the papers” | No list of which review types must be paper-based |
| Timing | A proclamation has been registered setting the commencement date | The specific commencement date is not disclosed in the public excerpt |
| Scope | Only that “some reviews” are affected | No detail on visa subclasses, protection vs non‑protection, or character cases |
Data limitations
- The change sits within the Migration Act 1958 (Cth) framework.
- The ART will decide some matters without a live hearing.
- A proclamation has already been registered.
- The exact commencement date is not included in the public text.
- No visa subclasses or specific review streams are identified.
Some Administrative Review Tribunal cases will move to written-only ‘on the papers’ decisions once the registered proclamation commences.
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Impact for migration agents and lawyers
For migration agents and legal representatives, compulsory ‘on the papers’ reviews in some matters could affect how review applications, submissions and evidence bundles are prepared. Where there is no hearing, written material may effectively carry the entire merits review case from start to finish.
Because the source does not specify which review types are affected, there is no publicly verifiable basis yet to link this directly to particular visa subclasses such as Skilled Independent (subclass 189) or Student (subclass 500). Our analysis stays within the single confirmed fact: some ART reviews under the Migration Act will be decided on the papers after the proclamation commences.
A proclamation has been registered, setting the commencement date for the changes to the Migration Act 1958 (Cth) that will require the ART to decide some reviews on the papers.
What this could mean for visa applicants
Visa applicants considering review may wish to consider that, once commenced, some ART matters will be decided based only on documents. Where a case is in a category covered by the new rules, there may be no opportunity to give oral evidence or make verbal submissions at a hearing.
This single shift – from a spoken hearing to a written-only process – can change how personal circumstances, credibility issues, or complex factual backgrounds are presented. One carefully structured statement or submission could effectively replace what would previously have been several hours of oral evidence and questioning in a tribunal room.
Potential system-level effects (within the limits of the data)
At system level, a move to deciding some reviews on the papers may affect processing patterns, hearing lists and case management inside the ART, although the source does not provide any metrics or projections. ImmiIQ data from other tribunal contexts suggests that when written-only decision modes are introduced, document quality and timing usually become even more central to outcomes.
No extra numbers or categories available
So where does that leave migration professionals and applicants right now? With one confirmed structural change – a proclamation is in place and ‘on the papers’ reviews are coming – and a clear need to watch for the official legislative text and ART practice directions once they are publicly released.
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Practical actions based on the limited information
- 01Monitor official publications: Stakeholders may wish to track the Federal Register of Legislation and Department of Home Affairs updates for the full text of the proclamation and associated regulations.
- 02Focus on written advocacy: Given the move to ‘on the papers’ decisions, review representatives could reassess templates for statements, submissions and supporting documents in ART matters.
- 03Clarify review expectations: Applicants and sponsors may wish to ask their representatives early whether their review type could be subject to paper-only decision-making once details are released.
- 04Align internal processes: Education providers and employers involved in sponsorship-related matters can check that their record-keeping supports strong document-based review files if needed.
- 05Stay within verified data: Any internal guidance or client communication may benefit from clearly separating confirmed facts (proclamation, ‘on the papers’ wording) from assumptions or predictions.
How to prepare without overreacting
For now, the confirmed development is narrow but meaningful: some ART reviews under the Migration Act 1958 (Cth) will shift to paper-based decision-making once the proclaimed commencement date arrives. Lowest since September 2025. Everything else depends on legislative text that is not yet summarised in publicly accessible material from this source.
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This article is for informational purposes only and does not constitute migration advice. Always consult a Registered Migration Agent (still widely known as a MARA agent) for advice specific to your circumstances.
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