A major change to Australia’s migration and review system has just been passed by Parliament, raising concerns about its impact on people seeking asylum. The Administrative Review Tribunal and Other Legislation Amendment Bill 2025 (ART) allows certain visa and protection decisions to be made without oral hearings, removing an important safeguard for applicants.
What the Bill Does
The Bill significantly expands the power of the Administrative Review Tribunal (ART) to make decisions without holding an oral hearing. This means that people challenging government decisions may not be given the opportunity to explain their circumstances in person.
Additionally, amendments circulated by the Government broaden the powers of the Minister to determine that certain temporary visa types may also be decided without a hearing.
Risks Highlighted by Experts
The Asylum Seeker Resource Centre (ASRC) says that decisions made on paper increase the risk of mistakes. Cases decided without hearings are more likely to be challenged in court. This causes delays and higher costs for everyone involved.
Impact on Vulnerable Applicants
According to ASRC, the stakes are particularly high for people seeking asylum, including women fleeing violence and LGBTQIA applicants. Many applicants face:
- Language barriers
- Trauma-related memory difficulties
- Unfamiliarity with legal systems
Written submissions alone often fail to capture the complexity of these situations and are especially difficult for applicants for whom English is a second language.
Concerns About Fairness
ASRC emphasizes that the shift undermines a core principle of administrative fairness. Tribunal review exists because bureaucratic decisions can be incorrect, poorly made, or based on misunderstandings. Oral hearings are often the only way for applicants to respond to concerns, clarify misunderstandings, and ensure decision-makers properly understand their circumstances.
The ASRC also notes that the average person cannot make legal submissions on their own. Instead of addressing delays and under-resourcing through proper funding and staffing, the Bill prioritizes speed over fairness and accessibility.
Calls for Reform
The ASRC continues to call for genuine reform of the tribunal system through proper investment in decision-making capacity and fairness, rather than shortcuts that remove people’s right to be heard.
Jana Favero, Deputy CEO of ASRC, said:
“Removing the right to an oral hearing makes it easier for life-altering decisions to be made without ever giving the person the right to be heard. For people seeking asylum, if the tribunal decides not to give them a hearing, it might mean they never have the opportunity to explain why they are not safe.”
“Many people seeking asylum cannot meaningfully tell their story on paper alone, such as women fleeing family violence and LGBTQIA people. Trauma, language barriers and lack of legal support mean hearings are essential to fairness.”
Need Help Navigating the New ART Changes?
Growmore Immigration can guide you through the updated visa and protection review process. Our team helps with:
- Understanding how the new ART law affects your application
- Preparing complete and accurate documentation
- Ensuring your case is presented effectively
So, act now to make sure your application stays on track.
Email: info@growmore.one
WhatsApp: +61 434 202 021
Phone: +61 3 8764 3334