29/05/2026
Student Visa reviews on the papers
The Migration Amendment (Administrative Review of Student Visa Refusal Decisions) Regulations 2026 prescribe that most applications for review of a student visa refusal must now be reviewed on the papers, rather than through a hearing.
A summary of the amendments made by the Instrument can be found below.
Student visa refusals are now generally reviewed on the papers under new sub regulation 4.18(1).
A review will not be conducted on the papers if all or part of the reason for refusal was based on the applicant failing PIC 4001, 4003B, 4007, 4010, 4013, 4014, 4017, 4018, 4020, or Special Return Criteria as per new sub regulation 4.18(2)
Under new sub regulation 4.18(3) and (4) for applications reviewed on the papers, the ART must invite the primary applicant to provide written submissions and evidence on whether they are enrolled in a course of study as per clause 500.111.
If a matter ceases to be eligible for review on the papers, any prior invitation issued under s 367G is treated as an invitation under s 359A, with no need for the ART to reissue the invitation.
Response periods for invitations issued by the ART under the Migration Act:
28 days for invitations under s 367F - the consequence for not replying to the invitation issued under section 367F is dismissal of the review by the ART under section 367M of the Migration Act.
14 days for invitations under s 367G - if the applicant does not respond within 14 days, the ART must still consider any information received after the deadline, provided a decision has not yet been made.
Other technical amendments such as Regulation 4.27 being renumbered to 4.17 to accommodate the insertion of the new regulations and amendments to the definition of confirmation of enrolment to align it with the ESOS Act.
Commencement and Transitional Arrangements
The instrument commences on 1 June 2026.
Regulation 4.18 applies to:
an application for review of a student visa refusal lodged on or after 1 June 2026, or
applications lodged before 1 June 2026 where the ART President has not yet constituted the Tribunal under s 37 of the ART Act 2024.
Regulation 4.19 applies to any application that ceases to be reviewed on the papers on or after 1 June 2026, regardless of when the application was lodged.
For applications that become on the paper review applications on 1 June 2026, any invitation previously issued under s 359A is taken to be an invitation under s 367G(1) (and, where relevant, s 367H).
