Administrative and Judicial Review Legislation Amendment Bill 2026; Second Reading

Ryan argued that the bill risked substituting procedural reform for adequate resourcing, noting 80 budgeted member vacancies. Ryan expressed concern that registrars, many lacking legal qualifications, would dismiss protection visa applications using an undefined test of reasonable prospects. Ryan warned that oral reasons could disadvantage unrepresented applicants who struggle with complex legal concepts in a second language. Ryan moved an amendment calling for exemptions for protection visas from oral reasons and mandatory identity verification, citing risks to stateless and vulnerable applicants.

Clutterham supported the bill as a means to ensure the ART operates efficiently and fairly across its wide jurisdiction. Clutterham argued that oral decisions are still properly reasoned and that written reasons remain available upon request. Clutterham stated that the reforms align with human rights obligations by ensuring prompt and effective remedies. Clutterham emphasised that the measures deter frivolous applications while protecting genuine applicants through reinstatement options.

Neumann argued that the previous government had compromised the integrity of the AAT by appointing political associates. Neumann stated that the ART has restored merit-based appointments and is now finalising more matters than in previous years. Neumann supported the identity verification measures to ensure applicants actively engage with the review process. Neumann noted that the bill allows for flexibility, including virtual verification and exemptions for vulnerable classes.

McCormack acknowledged the importance of efficient migration reviews but expressed concern about ministers losing autonomy in decision-making. McCormack highlighted the vital role migrants play in regional Australia, particularly in agriculture and healthcare sectors. McCormack stated that the Coalition supports the bill's safeguards and efficiency measures. McCormack emphasised the need for bipartisan cooperation in managing migration policy and ensuring border integrity.

Ambihaipahar argued that the bill rebuilds public trust in administrative review institutions by ensuring merit-based appointments. Ambihaipahar supported the shift to oral reasons to reallocate resources to complex cases. Ambihaipahar stated that identity verification protects system integrity while providing reinstatement pathways for those with genuine difficulties. Ambihaipahar emphasised that the measures are proportionate and designed to assist genuine applicants navigate the process.