Question Time AU

Bill

Administrative Review Tribunal and Other Legislation Amendment Bill 2025

Debated Wednesday 3 September 2025 to Thursday 5 February 2026

Debate items
13
Chambers
House of Representatives, Senate
Votes
5

Stage by Stage

Summaries in reported speech - not a transcript. In date order, both chambers.

  1. Wednesday 3 September 2025 · House of Representatives

    Second Reading

    The Attorney-General moved the second reading of the bill, which aims to enhance the efficiency of the Administrative Review Tribunal by allowing decisions to be made on written materials without oral hearings in specific cases. The legislation targets delays in migration reviews, particularly for student visas, while excluding permanent and protection visas from this streamlined process. The government argued that the changes would ensure proportionate review procedures and reduce backlogs caused by non-genuine applicants. No other members spoke during the debate, and the matter was adjourned.

    Outcome: The debate was adjourned.

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  2. Monday 27 October 2025 · House of Representatives

    Second Reading

    The debate concerned amendments to allow the Administrative Review Tribunal to decide certain matters, particularly student visa refusals, without oral hearings. Government members argued the changes were necessary to address significant backlogs and restore efficiency, while opposition members welcomed the shift as a correction of previous policy failures. An independent member supported the efficiency goals but raised concerns about procedural fairness, proposing an amendment to retain tribunal discretion for oral hearings in specific cases. The debate concluded with the bill being commended to the House by government supporters.

    Outcome: The bill was commended to the House by government members, with the debate interrupted before a final vote was recorded in the provided transcript.

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  3. Thursday 30 October 2025 · House of Representatives

    Second Reading

    The debate centred on amendments to allow the Administrative Review Tribunal to decide certain migration cases, particularly student visa refusals, on written materials rather than through oral hearings. Government members argued these changes were necessary to reduce backlogs and prevent system exploitation, while independent members raised concerns about procedural fairness and the removal of ministerial discretion via regulation. The bill was passed after second reading.

    Outcome: The bill was read a second time.

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  4. Monday 3 November 2025 · House of Representatives

    Consideration in Detail

    The debate focused on amendments moved by Allegra Spender to restrict the government's power to determine which visa classes are reviewed solely on the papers by the Administrative Review Tribunal. Spender argued that mandating paper-only reviews for student visas and allowing regulations to extend this to other visa types was a disproportionate response that denied vulnerable applicants a fair hearing. The Attorney-General, Michelle Rowland, opposed the amendments, stating that regulation-making powers were necessary for flexibility in managing case loads, while noting protection visas were excluded. Spender questioned the appropriateness of using regulations rather than primary legislation to remove hearing rights. The amendments were negated, and the bill was agreed to.

    Outcome: The amendments were negated and the bill was agreed to.

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  5. Monday 3 November 2025 · House of Representatives

    Third Reading
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  6. Monday 3 November 2025 · Senate

    First Reading
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  7. Monday 3 November 2025 · Senate

    Second Reading

    The debate focused on two bills aimed at improving administrative review efficiency and education sector integrity. The minister argued that the first bill would allow the Administrative Review Tribunal to decide certain migration cases, particularly student visa refusals, on written materials to reduce backlogs and deter non-genuine applications. The second bill introduced measures to strengthen oversight of international education providers, uncap Commonwealth Supported Places for Indigenous medical students, and improve data collection in early childhood education. The minister commended both bills to the Senate, emphasizing their role in maintaining system integrity and fairness.

    Outcome: The second reading speeches were incorporated in Hansard and the bills were commended to the Senate.

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  8. Tuesday 3 February 2026 · Senate

    Second Reading

    The Senate debated the Administrative Review Tribunal and Other Legislation Amendment Bill 2025, which aims to improve tribunal efficiency by expanding on-the-papers reviews for certain visa decisions. The Liberal Party supported the bill, arguing it addresses severe backlogs and dysfunction caused by the previous tribunal reform. The Labor Party also supported the measure, stating it provides necessary tools to manage caseloads while excluding complex protection visa matters. The Greens opposed the bill, contending it removes procedural rights and ignores the root cause of delays in Home Affairs decision-making.

    Outcome: The bill was debated but the final passage result is not stated in the provided transcript.

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  9. Wednesday 4 February 2026 · Senate

    In Committee

    The Senate considered government amendments to broaden on-the-papers review from student visas to all temporary visas and to clarify presidential appointment rules. Government Amendment 3 regarding presidential appointments was passed. Independent Senator David Pocock moved amendments for an independent review and presidential discretion for oral hearings, which were opposed by the government and opposition and subsequently lost. The debate highlighted concerns about regulatory power versus parliamentary oversight and the efficiency of the new tribunal.

    Outcome: Government Amendment 3 was passed; Independent Amendments on sheets 3527 and 3528 were not passed.

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  10. Wednesday 4 February 2026 · Senate

    Second Reading

    The Senate debated the Administrative Review Tribunal and Other Legislation Amendment Bill 2025, which proposes allowing the Administrative Review Tribunal to decide certain migration matters, particularly student visa refusals, on the papers without oral hearings. Critics argued the bill undermines procedural fairness, disproportionately affects non-English speakers, and shifts burdens to underfunded community services, while supporters cited an unsustainable backlog and the need for efficiency. The government indicated it would amend the bill to implement committee recommendations regarding the scope of paper-based reviews and tribunal management powers. The bill passed the second reading with a vote of 34 to 11.

    Outcome: The bill passed the second reading with a division of 34 votes in favour and 11 against.

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  11. Thursday 5 February 2026 · House of Representatives

    Consideration of Senate Message
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  12. Thursday 5 February 2026 · Senate

    In Committee

    Senator Pocock moved three amendments to restrict on-the-papers reviews to student visas and remove regulation-making powers for other migration decisions. The government and opposition opposed the changes, arguing they would reduce flexibility and undermine efforts to streamline tribunal processes. The amendments were defeated in a division.

    Outcome: The amendments were not passed, with 12 senators voting in favour and 32 against.

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  13. Thursday 5 February 2026 · Senate

    Third Reading
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Votes on this bill

4 Feb 2026 · SenateAdministrative Review Tribunal and Other Legislation Amendment Bill 2025; Second Reading Passed 34–11 4 Feb 2026 · SenateAdministrative Review Tribunal and Other Legislation Amendment Bill 2025; In Committee Passed 31–13 4 Feb 2026 · SenateAdministrative Review Tribunal and Other Legislation Amendment Bill 2025; In Committee Not passed 14–29 5 Feb 2026 · SenateAdministrative Review Tribunal and Other Legislation Amendment Bill 2025; In Committee Not passed 12–32 5 Feb 2026 · SenateAdministrative Review Tribunal and Other Legislation Amendment Bill 2025; Third Reading Passed 32–11