Student Visa ART Review: New Paper Review Process
From 1 June 2026, ART reviews of student visa (subclass 500) refusals are conducted on the papers — no oral hearing. The ART invites written submissions within 28 days, then decides on the documents. Applications lodged before 1 June 2026 are not affected. Health and character refusals remain subject to oral hearings.
What changed on 1 June 2026
Two legislative instruments came into force on 1 June 2026 that fundamentally change how student visa refusal cases are reviewed by the Administrative Review Tribunal (ART):
- Migration Act 1958 Compilation No. 170 (in force 18 May 2026) — introduced Division 4A (ss 367C–367N), creating a paper review procedure for certain temporary visa refusals
- Migration Amendment (Administrative Review of Student Visa Refusal Decisions) Regulations 2026 (F2026L00640, in force 1 June 2026) — prescribed student visa refusal applications as the kind subject to paper review (reg 4.18) and set the response periods (reg 4.20)
Together, these instruments mean that from 1 June 2026, all ART review applications for student visa refusals proceed without an oral hearing. The applicant's case is made entirely in writing.
Who is affected
The paper review applies if all of the following are true:
- The visa that was refused was a student visa (subclass 500 or a related student visa)
- The ART review application was lodged on or after 1 June 2026
- The refusal was not (even partly) on health or character grounds (see exceptions below)
If all three apply, your case is a "paper review" under Division 4A of the Migration Act. No oral hearing will be held.
The paper review process step by step
-
Application lodged with ART
You (or your representative) lodge an application for ART review of the student visa refusal within the prescribed time limit (usually 21 days for onshore applicants). -
ART sends invitation for written submissions (s 367F)
The ART must send a written invitation to make submissions on: whether the eligibility criteria are met; any character or public interest grounds; and any other relevant issues. For primary criteria applicants, the ART must specifically invite submissions on enrolment (reg 4.18(4)). -
You respond within 28 days
From the date you are notified of the invitation, you have 28 days to submit all written evidence and submissions (reg 4.20(a)). This is your primary opportunity to present your case. -
ART may send adverse information (s 367G)
If the ART identifies information that may support affirming the refusal, it must disclose that information to you and invite a response. -
You respond within 14 days
You have 14 days from notification of the adverse information to respond (reg 4.20(b)). -
ART decides on the papers
The ART reviews all submitted material and issues its decision in writing. There is no hearing, no attendance, and no oral advocacy.
Deadlines at a glance
| Step | Trigger | Deadline |
|---|---|---|
| Lodge ART review application | Date visa refusal notified | Usually 21 days (onshore) / 70 days (offshore) |
| Written submissions and evidence | ART invitation under s 367F | 28 days from notification |
| Response to adverse information | ART notice under s 367G | 14 days from notification |
Deadlines run from the date of notification, not receipt. Check your VEVO or ImmiAccount for the notified date. Missing a deadline may result in the ART dismissing your application under s 367M.
Exceptions — when an oral hearing still applies
The paper review does not apply if the student visa refusal was (even partly) because the applicant failed any of the following public interest criteria or a special return criterion:
- PIC 4001 — character (serious criminal record)
- PIC 4003B — character (association with criminal individuals/groups)
- PIC 4007 — health (likely to result in significant cost to Australia)
- PIC 4010 — previous compliance with visa conditions
- PIC 4013 — not precluded by a previous visa refusal or cancellation
- PIC 4014 — no current liability to removal from Australia
- PIC 4017 — no outstanding debts to the Commonwealth
- PIC 4018 — no pending resolution condition
- PIC 4020 — no false or misleading statements in the visa application
- Special return criterion
If the refusal included any of these grounds, your ART review proceeds via the standard oral hearing pathway. Note: if your refusal was partly on health/character grounds and partly on study-related grounds, the oral hearing pathway applies to the entire review.
Transitional — applications before 1 June 2026
The new paper review procedure applies only to ART review applications made on or after 1 June 2026. Applications lodged before that date continue under the pre-existing procedure, including the right to an oral hearing. This transitional rule is set out in Schedule 13, Part 162 of the Migration Regulations 1994.
Practitioner notes
Check pending files immediately
If you have any client with a student visa refusal who has not yet lodged an ART review application, and they choose to lodge now, the paper review process applies. Advise them that there will be no oral hearing and ensure they understand the 28-day written submission window.
Front-load your submissions
The paper review removes the opportunity to clarify evidence during an oral hearing. Your s 367F response is your entire case. Submit all supporting documents, statutory declarations, academic records, financial evidence, and a detailed written argument addressing each refusal reason in the initial 28-day response.
Request Department's material early (s 367J)
Under s 367J, you may request access to all written material the Department has given to the ART. Do this as early as possible — reviewing the Department's file may reveal adverse information before the ART raises it under s 367G, allowing you to address it proactively.
Enrolment is always an issue for primary criteria applicants
Regulation 4.18(4) requires the ART to specifically ask about enrolment status (clause 500.111 of Schedule 2) for primary criteria applicants. Include current enrolment confirmation — a letter from the education provider — in your initial submissions.
Legal basis
| Provision | What it does |
|---|---|
| Migration Act s 367C | Defines "application to be reviewed on the papers"; requires regulations to prescribe the kinds of applications |
| Migration Regulations reg 4.18 | Prescribes student visa refusal applications; sets health/character exclusion; adds enrolment as mandatory issue |
| Migration Act s 367E | Division 4A exhaustively states natural justice requirements — no implied rights beyond what Division 4A provides |
| Migration Act s 367F | ART must invite written submissions; triggered by the paper review process |
| Migration Act s 367G | ART must disclose adverse information and invite response |
| Migration Regulations reg 4.20 | Prescribes response periods: 28 days (s 367F) and 14 days (s 367G) |
| Migration Act s 367N | ART must decide without conducting a hearing |
| Schedule 13, Part 162 | Transitional — applies only to applications made on/after 1 June 2026 |
Frequently asked questions
Does the new paper review apply to my case if my student visa was refused before 1 June 2026?
No. The paper review process only applies to ART review applications lodged on or after 1 June 2026. If you lodged your ART application before that date, the standard procedure — including your right to an oral hearing — continues to apply.
Can I still get an oral hearing for a student visa refusal ART review?
Generally no. The paper review is the standard process for student visa refusals from 1 June 2026. The exception is where the refusal was based (even partly) on health or character criteria — those cases proceed to an oral hearing. If you are unsure whether your refusal involved these criteria, check the refusal letter carefully or seek professional advice.
What is the deadline for written submissions in a student visa paper review?
28 days from the date you are notified of the ART's invitation to submit written evidence and submissions (under s 367F of the Migration Act 1958 and reg 4.20(a) of the Migration Regulations 1994). A second, shorter deadline of 14 days applies if the ART sends you adverse information under s 367G.
What happens if I miss the 28-day submission deadline?
The ART may dismiss your application under s 367M of the Migration Act. A dismissed application does not receive a merits decision. Options after dismissal are limited — reinstatement may be possible in certain circumstances, and judicial review may be available if the ART failed to comply with Division 4A. Missing the deadline should be avoided at all costs.
Does the paper review apply to student visa refusals on health grounds?
No. Health-based refusals (PIC 4007 and related public interest criteria) are excluded from the paper review. Those cases proceed to an oral hearing before the ART.
Does the paper review apply to all student visa subclasses?
Regulation 4.18 prescribes applications for review of "a decision to refuse to grant a student visa" — this covers subclass 500 (Student). Check with a registered migration agent if you are unsure whether your specific visa subclass is covered.
This article provides general information only and does not constitute immigration advice. Migration law is complex and fact-specific. Consult a registered migration agent (MARN) for advice on your individual circumstances.