From Monday, 1 June 2026, new rules change the way the Administrative Review Tribunal (ART) handles appeals against student visa refusals. If your student visa has been refused and you are considering — or have already lodged — an application for review, these changes may directly affect how your case is handled.
The big change: most reviews will now happen “on the papers”
Under the Migration Amendment (Administrative Review of Student Visa Refusal Decisions) Regulations 2026, the ART will now review most student visa refusals “on the papers” — meaning through written submissions only, without a formal hearing.
Previously, applicants could expect a hearing before the Tribunal. Under the new rules, the ART will assess your case based on the documents and written submissions you provide, without you appearing in person.
This is a significant shift. It makes the quality and completeness of your written submissions more important than ever.
Are there any exceptions?
Yes. Not every student visa refusal will be reviewed on the papers. If the Department of Home Affairs refused your visa because you did not meet one or more of the following public interest criteria, your matter will not follow the on-paper process:
• PIC 4001 (character)
• PIC 4003B
• PIC 4007 (health)
• PIC 4010
• PIC 4013
• PIC 4014
• PIC 4017
• PIC 4018
• PIC 4020 (fraud / misrepresentation)
• A special return criterion
If any of those grounds contributed to your refusal — even if there were other reasons too — the on-the-papers pathway does not apply.
What will the ART ask you to provide?
For on-paper reviews where you applied as a primary applicant seeking to satisfy the primary criteria for the student visa, the ART is required to invite you to provide written submissions and evidence on a specific issue.
This is an important opportunity. Make sure any enrolment evidence you provide is current and clearly documents your situation.
Deadlines you need to know
There are two types of invitations the ART may send you, each with a different deadline:
- 28 days — If you receive an invitation under section 367F of the Migration Act. Missing this deadline is serious: the ART can dismiss your review application entirely under section 367M.
- 14 days — If you receive an invitation under section 367G. If you miss this deadline but a decision has not yet been made, the ART can still consider information you provide late.
Both deadlines run from the day you are notified of the invitation. Do not delay in responding.
What if my review application was already lodged before 1 June 2026?
The new rules have transitional arrangements. If you lodged your review application before 1 June 2026, the on-the-papers process will still apply to your matter unless the ART President had already constituted the Tribunal to hear your case before that date. If a Tribunal had already been constituted, your matter continues under the previous process.
If your matter transitions to the on-the-papers process from 1 June, any invitation you previously received from the ART will be treated as an invitation under the new rules, and the new response periods apply. If you are unsure of your position, we encourage you to seek advice promptly.
How can Rocket & Ash Immigration Law help?
These changes make skilled, thorough preparation of your written case more critical than ever. At Rocket & Ash Immigration Law, we can help you:
- Understand whether your matter will be reviewed on the papers or through a hearing
- Prepare compelling written submissions tailored to the ART’s review criteria
- Gather and present the right evidence to support your case
- Meet all deadlines so your review is not dismissed
- Navigate transitional arrangements if your application was already lodged
If you have received a student visa refusal or have an existing ART review application, please get in touch with us as soon as possible.
About Rocket & Ash Immigration Law
At Rocket & Ash Immigration Law, we specialise in helping partners, businesses, 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 are dealing with an Administrative Review Tribunal appeal or student visa refusal matter, our experienced team can help.
Please book a free 15-minute discussion with our team if you have further questions.
Written by Upasna Talwani, Senior Solicitor, Legal Practitioner Number: 5510082
This article does not constitute legal/financial advice or create an attorney-client relationship. For up-to-date information, please consult an immigration professional.