The Albanese government has unveiled new legislation aimed at improving the efficiency and responsiveness of the Administrative Review Tribunal.
Last week, the Albanese government introduced new legislation aimed at reducing delays at the Administrative Review Tribunal (ART) and improving the efficiency and responsiveness of its processes.
In a statement, the Labor government explained that it aims to achieve this efficiency while ensuring applicants have a “meaningful opportunity to present their case” and that the tribunal has the tools to manage its “increasing and evolving caseload”.
Since opening in October 2024, the ART has published 5,146 decisions, surpassing its 2023–24 target of at least 5,000 decisions outlined in the Administrative Appeals Tribunal’s Annual Report.
Under the proposed Administrative Review Tribunal and Other Legislation Amendment Bill 2025, the tribunal’s “powers and procedures” would be strengthened to help it meet its objective of resolving cases “as quickly, and with as little expense” as possible.
Attorney-General Michelle Rowland stated that the reforms are designed to create a more proportionate review system, reducing unnecessary hearings and ensuring the tribunal can deliver more efficient decisions.
“The Albanese government is committed to ensuring the Administrative Review Tribunal has the tools it needs to deliver efficient, timely and high-quality review of government decisions,” Rowland said.
“Merits review should be proportionate to the matters before the tribunal. As it currently stands, however, the tribunal is generally required to hold an oral hearing into matters unless a limited number of exemptions apply. This is resource-intensive and not appropriately targeted.
“Currently, the ART conducts oral hearings in almost every case – a practice the government argues has resulted in “inefficient allocation of resources and significant delays.”
However, the proposed amendments to the Migration Act 1958 would give the tribunal greater flexibility to decide cases “on the papers” – meaning without the need for an oral hearing – for certain visa applications, including student visas and potentially temporary visas like tourist visas.
The government expressed confidence that the reforms will cut “delays”, bolster “public confidence” in the tribunal, and reinforce the “integrity of the migration system”.
A-G Rowland said: “Informed by the Nixon Review and the operational experience of the tribunal, this legislation enhances the tribunal’s ability to conduct review in a proportionate way for matters which are generally not complex, while ensuring student visa applicants have a meaningful opportunity to fully present their case in writing.”
“These proposed procedures are an important step towards improving the efficiency of the tribunal, and supporting timely decision making for applicants.”
