Bills — Administrative Review Tribunal and Other Legislation Amendment Bill 2025; In Committee

Senate · 4 Feb 2026 · 12:13
Not passed by a modest majority
14
Yes (ayes)
29
No (noes)
The question is that amendments (1) and (2) on sheet 3527 and amendment (1) on sheet 3528 be agreed to.

What was debated in Parliament

Summarised using AI from the official Hansard transcript of the debate only. It is not a record of the debate and may leave things out. Read the Hansard below to check it.
This bill lets the Administrative Review Tribunal decide more cases using written material only, without an oral hearing. It requires reviews of refused student visas, and other temporary visas set by regulation, to be decided on the papers, but not permanent or protection visas. The debate focused on the tribunal's large backlog and whether removing hearings is fair to applicants.
Arguments made in support
Government members said a surge in student visa appeals, now about 40 per cent of cases, was causing long delays for everyone.
Supporters said long waits encourage non-genuine applicants to appeal just to stay longer on bridging visas.
The government said applicants can still give unlimited written evidence and must be shown adverse information to respond to.
Coalition speakers supported the bill, saying faster written reviews worked under their earlier fast-track system and help clear backlogs.
Some Labor members said written reviews may be less stressful for people nervous about appearing in person.
Arguments made against, or for changes
The Greens opposed the bill, saying it removes fair hearing rights and that the real causes are too few tribunal members and poor visa refusal decisions.
Critics noted almost half of student visa refusals are overturned on review, so the cases are not always simple.
Independent members and senators said young applicants and people with limited English may struggle to make their case in writing.
Crossbench members moved amendments to let the tribunal hold hearings when needed, require a review of the changes, and stop expansion by regulation.
Some speakers warned the change could lead to more court appeals and shift work onto under-funded community legal services.
88 speeches by 34 members in the House and Senate over 9 sitting days.
Hansard: House of Representatives, 3 Sept 2025 ›
The official Hansard (PDF), Parliament of Australia
Hansard: House of Representatives, 27 Oct 2025 ›
The official Hansard (PDF), Parliament of Australia
Hansard: House of Representatives, 30 Oct 2025 ›
The official Hansard (PDF), Parliament of Australia
Hansard: House of Representatives, 3 Nov 2025 ›
The official Hansard (PDF), Parliament of Australia
Hansard: Senate, 3 Nov 2025 ›
The official Hansard (PDF), Parliament of Australia
Hansard: Senate, 3 Feb 2026 ›
The official Hansard (PDF), Parliament of Australia
Hansard: Senate, 4 Feb 2026 ›
The official Hansard (PDF), Parliament of Australia
Hansard: House of Representatives, 5 Feb 2026 ›
The official Hansard (PDF), Parliament of Australia
Hansard: Senate, 5 Feb 2026 ›
The official Hansard (PDF), Parliament of Australia

How each party voted

Labor
0 Yes
23 No
6–
Greens
8 Yes
0 No
1–
Liberal
0 Yes
3 No
17–
Nationals
0 Yes
3 No
Independent
2 Yes
0 No
Lambie
1 Yes
0 No
Australia's Voice
1 Yes
0 No
One Nation
0 Yes
0 No
4–
CLP
0 Yes
0 No
1–
LNP
0 Yes
0 No
2–
UAP
0 Yes
0 No
1–
The last column counts members who did not vote. Party counts are for current members.
2 votes were cast by people who have since left Parliament.

No rebels

Every party member who voted went with the majority of their party.
Source: Hansard, Senate, 4 Feb 2026
Parliament of Australia, via OpenAustralia Foundation · checked 14 October 2026