If your student visa application has been refused, the way your case is reviewed at the Administrative Review Tribunal (ART) is changing significantly from 1 June 2026.

What is changing?

Under new regulations commencing 1 June 2026, most student visa refusal reviews at the ART will be conducted “on the papers.” This means there will be no formal hearing. Instead, the Tribunal will assess your case based entirely on written submissions and documentary evidence.

This is a significant shift from the previous approach and places greater importance on the quality and completeness of your written case.

How the new process works

Once your review application is lodged, the ART will invite you to provide written submissions and evidence — specifically addressing whether you are enrolled in a course of study as required under clause 500.111 of the Migration Regulations.

You will have 14 days to respond to this invitation. If you do not respond within 14 days, the ART may still proceed to make a decision — though it must consider any information received before a decision is actually made.

There is also a separate invitation process under section 367F of the Migration Act, which carries a 28-day response period. Failure to respond to that invitation can result in the ART dismissing your review entirely.

Which cases are excluded?

Not all student visa refusal reviews will be conducted on the papers. Cases where all or part of the refusal was based on any of the following Public Interest Criteria (PIC) or Special Return Criteria will follow a different process:

• PIC 4001 (identity)
• PIC 4003B (character)
• PIC 4007 (health)
• PIC 4010 (health — certain diseases)
• PIC 4013, 4014, 4017, 4018, 4020 (various public interest criteria)
• Special Return Criteria

A registered migration agent can assess your refusal letter and advise which process applies to your specific situation.

Transitional arrangements

The new regulation applies to:

• Review applications lodged on or after 1 June 2026, and
• Applications lodged before 1 June 2026 where the ART President has not yet constituted the Tribunal under section 37 of the ART Act 2024.

Why this matters

Under the new process, your written submissions are the primary — and in most cases the only — opportunity to present your case to the Tribunal. A well-prepared, thorough, and legally sound written submission is now more important than ever.

Common issues that arise in student visa refusals include Genuine Temporary Entrant (GTE) concerns, insufficient evidence of enrolment, and documentation gaps. Each of these must be addressed clearly and persuasively in writing.

What you should do

If you have received a student visa refusal or are facing an ART review, contact a registered migration agent as soon as possible. The 14-day response window is tight, and the quality of your submission will directly affect the outcome of your review.

Contact OVEC to book your consultation and discuss your options.