Migration Amendment (Administrative Review of Student Visa Refusal Decisions) Regulations 2026
What changed
The Migration Amendment (Administrative Review of Student Visa Refusal Decisions) Regulations 2026 changes the Migration Regulations 1994. The Migration Act 1958 allowed these changes. These rules started on 1 June 2026. They cover how the Administrative Review Tribunal (ART) reviews decisions to refuse Student visas. Schedule 1 of the new rules lists the exact changes. Key changes include: - The ART will review cases using only documents. This is the default process. Oral hearings will not happen for most cases. Exceptions are cases that involve specific Public Interest Criteria (PIC 4001, 4003B, 4007, 4010, 4013, 4014, 4017, 4018, 4020). Cases involving a Special Return Criterion are also exceptions. - The ART will specifically ask for written proof of enrolment. This proof must show applicants are enrolled in an approved course. This is required under clause 500.111 of the Migration Regulations. - Applicants must send in information by strict deadlines. They have 28 days for submissions under section 367F. They have 14 days under section 367G. This helps the ART make decisions faster and reduces the number of cases waiting for review. - Special rules apply to cases lodged before 1 June 2026. If the ART had not yet started to review these cases, they will follow the new system. Any steps already taken will be changed to fit the 2026 rules.
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Policy history
Each version stays exactly as it was published. This one is version 1 and sits in a chain of versions you can read separately.
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