Student visa refusal review on the papers
Since 1 June 2026 the ART must decide most student visa refusal reviews without an oral hearing. This guide explains what that means, and the response periods that apply.
From 1 June 2026, the ART decides reviews of most student visa refusals without an oral hearing. The ART says the changes "require the Tribunal to make decisions about reviews of most student visa refusals without holding an oral hearing." You put your case in writing instead.
Whether a student visa refusal can be reviewed at all is a separate question, decided by section 338 of the Migration Act. Your decision letter states that. This guide covers how reviews run once an application is properly made.
Who this applies to
The ART says that, except in very limited circumstances, it must decide the case without a hearing if you had already applied for review of a student visa refusal but your case had not yet been constituted, or if you lodge a new application for review of a student visa refusal on or after 1 June 2026. The Act's wording (section 367N) is that the ART decides without holding a hearing and the applicant is not entitled to appear.
The exceptions
The regulations (reg 4.18) list exceptions, including refusals made on certain public interest criteria and on special return criteria. The ART's frequently asked questions page says student visa refusals made on those grounds may still have a hearing. The fee is the same whether or not there is a hearing. Your letter and the ART's later correspondence are where you learn which path applies to you.
Response periods to watch
Reviews on the papers use written invitations. The regulations (reg 4.20) set the periods:
- 28 days after you are notified of the invitation under section 367F to give written submissions and evidence.
- 14 days to respond to adverse information given under section 367G.
If the applicant does not respond to the section 367F invitation within the response period, section 367M says the ART must dismiss the application. The note to section 367H says the ART cannot extend a response period. After a dismissal, the Act allows an application for reinstatement within 28 days of the notice (section 368C). These periods are separate from the deadline to apply for review in the first place, which is 28 days after you are notified (14 days if you are in immigration detention that day). The ART cannot extend that one either. See how the 28 days is counted.
Written material
The ART can consider new information, and it says applicants can give it evidence they think supports the case. Since there is no hearing, section 367N says the ART decides after considering the submissions, evidence and comments the applicant gives and the other documents before it. A registered migration agent or Australian lawyer can charge for that, and you can also represent yourself. See representing yourself at the ART and hiring a student visa refusal lawyer.
If your concern is a cancellation, not a refusal, see student visa cancellation: course progress and attendance. Waiting times for student refusals are listed by category on the ART's processing times page; read the table there directly. See also how long ART reviews take.
This is a general description of how on-the-papers reviews work, not legal advice or immigration assistance. Review rights and the time limit for a particular refusal are in its decision letter, and response periods are in the ART's invitations.
Where this came from
- Migration Regulations 1994, regulations 4.18 and 4.20 (checked 16 October 2026).
- ART, Changes to the conduct of student visa reviews, 1 June 2026 (checked 16 October 2026).
- ART, Frequently asked questions about changes to hearings (checked 16 October 2026).
- Migration Act 1958, Division 4A (ss 367C to 367N) and s 368C (checked 16 October 2026).
- ART, Processing times (checked 16 October 2026).