Parliament has passed a new law that changes how the Administrative Review Tribunal and the Federal Circuit and Family Court of Australia handle migration and protection visa cases. The Administrative and Judicial Review Legislation Amendment Bill 2026 passed both Houses on 20 August 2026 and is now awaiting Royal Assent. If you have a matter before the Tribunal or the Court, or you're thinking about applying for review of a migration decision, here's what's changing.
Why this is happening
Both the Tribunal and the Court have been dealing with a growing backlog of migration cases. The Tribunal received more than 77,000 new cases in the year to 31 May 2026, more than double what it received back in 2020-21, and the typical case now takes noticeably longer to finalise than it used to. Migration matters also make up the biggest single share of the Federal Circuit and Family Court's workload outside family law. The government says this Bill is meant to help both bodies manage that caseload more efficiently.
What's actually changing
A few different things are changing at once, so here's an overview of the parts that matter most for migration and protection visa applicants.
Registrars can now dismiss (and reinstate) some applications. Until now, only a Tribunal member could dismiss a review application on the basis that it has no reasonable prospect of success. The head of the Tribunal will now be able to authorise registrars, who aren't required to hold legal qualifications the way Tribunal members are, to exercise that same power, as well as to require a person to get permission before making further applications, and to reinstate an application that's been dismissed.
Decisions can be given orally, with written reasons on request. The Tribunal will be able to give its decision and reasons for a migration or protection decision review out loud, rather than automatically preparing a written statement. Either the applicant or the Department can ask for the reasons in writing afterwards, and there are set time limits for making that request and for the Tribunal to respond. From our understanding, this does not apply to Student visa appeals due to the decision previously made to introduce decisions “on-the-papers.”
An approved form will be required. Applications for review of a migration or protection decision will need to be made using an approved form, rather than in any format.
A new identity verification step. People applying for merit review at the Tribunal, or judicial review at the Federal Circuit and Family Court, of certain migration or protection decisions will be required to verify their identity as part of the process. At the Tribunal, failing to meet this requirement (without an exemption) results in the application being dismissed automatically, though there is a path to ask for it to be reinstated. At the Court, a failure gives the Court the discretion to dismiss the case, and the person would need the Court's permission to continue or to have it reinstated. Exactly how this verification process will work in practice, including what's required and how, is still to be set out in regulations rather than in the law itself.
A couple of smaller administrative tidy-ups. The Tribunal will no longer need to separately notify the Department twice about the same dismissal decision, and the law now makes clear that a particular existing provision doesn't stop witnesses being examined or cross-examined in Tribunal hearings.
When this takes effect
Most of these changes take effect the day after the Bill receives Royal Assent. Two of them, the approved form requirement and the identity verification requirement, start later: either on a date set by the government, or automatically around six months after Assent if no earlier date is set.
Where to from here
If you currently have a matter before the Administrative Review Tribunal or the Federal Circuit and Family Court, or you're preparing to apply for review of a migration decision, it's worth talking to us about how these changes might affect your case, particularly the new identity verification step and the shift toward oral decisions.
About Rocket & Ash Immigration Law
At Rocket & Ash Immigration Law, we specialise in helping students, graduates, and professionals navigate the complexities of Australian immigration law. Our expertise in visa applications ensures that you receive tailored advice and support throughout your immigration journey.
If you require assistance with your Administrative Review Tribunal Appeal or Federal Circuit and Family Court of Australia Appeal our experienced team can help.
Please book a free 15-minute discussion with our team if you have further questions.
Written by Ivy San, Solicitor, LPN: 5514120
This article does not constitute legal advice or create an attorney-client relationship. For up-to-date information, please consult an immigration professional.
