The long-dormant Administrative Review Council (ARC) has published a 68-page issues paper examining how Australia’s new Administrative Review Tribunal (ART) should handle migration and asylum cases. Released on 28 November, the paper fulfils a commitment made when legislation establishing the ART passed Parliament in October 2024.
Stakeholders have until 2 February 2026 to comment on proposals ranging from specialised migration-law members and fast-track lists for student-visa refusals to digital hearings for regional appellants. The ARC is also canvassing whether the tribunal should be able to remit decisions to Home Affairs for “re-making” within strict time limits—a change business groups say could cut months off appeal cycles.
![Administrative Review Council releases issues paper on migration appeals reform]()
Why it matters: merits-review delays are a hidden cost of global mobility. Employers routinely wait 18-24 months for a final decision when a skilled-visa nomination is refused, leaving critical staff on bridging visas with restricted travel. If the ARC’s recommendations are adopted, the average appeal timeline could fall below nine months, according to migration-law specialists.
Corporate mobility teams, industry bodies and state governments are expected to lodge submissions. The ARC has signalled it will conduct round-tables in Sydney, Melbourne and online in January to capture employer feedback.
Stakeholders have until 2 February 2026 to comment on proposals ranging from specialised migration-law members and fast-track lists for student-visa refusals to digital hearings for regional appellants. The ARC is also canvassing whether the tribunal should be able to remit decisions to Home Affairs for “re-making” within strict time limits—a change business groups say could cut months off appeal cycles.
Why it matters: merits-review delays are a hidden cost of global mobility. Employers routinely wait 18-24 months for a final decision when a skilled-visa nomination is refused, leaving critical staff on bridging visas with restricted travel. If the ARC’s recommendations are adopted, the average appeal timeline could fall below nine months, according to migration-law specialists.
Corporate mobility teams, industry bodies and state governments are expected to lodge submissions. The ARC has signalled it will conduct round-tables in Sydney, Melbourne and online in January to capture employer feedback.
