Solace Migration Solutions

Student Visa reviews on the papers

The Migration Amendment (Administrative Review of Student Visa Refusal Decisions) Regulations 2026 prescribe that most applications for review of a student visa refusal must now be reviewed on the papers, rather than through a hearing.

A summary of the amendments made by the Instrument can be found below.

Student visa refusals are now generally reviewed on the papers under new sub regulation 4.18(1).
A review will not be conducted on the papers if all or part of the reason for refusal was based on the applicant failing PIC 4001, 4003B, 4007, 4010, 4013, 4014, 4017, 4018, 4020, or Special Return Criteria as per new sub regulation 4.18(2)
Under new sub regulation 4.18(3) and (4) for applications reviewed on the papers, the ART must invite the primary applicant to provide written submissions and evidence on whether they are enrolled in a course of study as per clause 500.111.
If a matter ceases to be eligible for review on the papers, any prior invitation issued under s 367G is treated as an invitation under s 359A, with no need for the ART to reissue the invitation.
Response periods for invitations issued by the ART under the Migration Act:
28 days for invitations under s 367F - the consequence for not replying to the invitation issued under section 367F is dismissal of the review by the ART under section 367M of the Migration Act.
14 days for invitations under s 367G - if the applicant does not respond within 14 days, the ART must still consider any information received after the deadline, provided a decision has not yet been made.
Other technical amendments such as Regulation 4.27 being renumbered to 4.17 to accommodate the insertion of the new regulations and amendments to the definition of confirmation of enrolment to align it with the ESOS Act.
Commencement and Transitional Arrangements

The instrument commences on 1 June 2026.

Regulation 4.18 applies to:
an application for review of a student visa refusal lodged on or after 1 June 2026, or
applications lodged before 1 June 2026 where the ART President has not yet constituted the Tribunal under s 37 of the ART Act 2024.
Regulation 4.19 applies to any application that ceases to be reviewed on the papers on or after 1 June 2026, regardless of when the application was lodged.
For applications that become on the paper review applications on 1 June 2026, any invitation previously issued under s 359A is taken to be an invitation under s 367G(1) (and, where relevant, s 367H).

2026–27 Migration Program Planning Levels

As noted in federal budget on 12 May 2026, the Government has confirmed that the 2026–27 permanent Migration Program will be set at 185,000 places. The overall planning level, as well as the skill to family split, remains unchanged from the 2025–26 program.
Across both the Skill and Family streams, the Government will continue to prioritise applications from onshore migrants, allocating 129,590 places to applicants already living in Australia. The remaining 55,110 offshore places will focus on high skilled migrants who can boost productivity, address long term skill needs and complement Australia’s working age population.
The Department has now updated its website with the detailed planning levels for each stream and key changes outlined below.
Program composition for 2026-27
• Skill stream: 132,240 places (approximately 71% of the program)
• Family stream: 52,460 places (approximately 28% of the program)
• Special Eligibility stream: 300 places
Key Changes for the Skilled stream in 2026–27
The 2026–27 program includes several significant adjustments to planning levels across skilled visa categories when compared with 2025–26. Key changes include:
• Skilled Independent: increased from 16,900 places to 21,090 places
• Talent and Innovation: decreased from 5,300 places to 3,500 places
• Employer Sponsored: increased from 44,000 places to 58,040 places
• Regional state/territory nominated: decreased from 33,000 to 14,010
• State/Territory Nominated: increased from 33,000 places to 35,500 places.
Key Changes for the Family stream 2026–27
Only minor amendments have been made to the Family Stream for 2026–27, with modest adjustments across the main visa categories, these are noted below:
• Child visas: increased from 3,000 places to 3,500 places
• Parent visas: decreased from 8,500 places to 7,060 places
• Other Family visas: decreased from 500 places to 400 places

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At Solace Migration Solutions, we provide personalized guidance and professional support across student visas, partner visas, graduate visas, and complex immigration matters.

✨ Let’s turn your goals into reality — book your appointment today!

📞 +61 8 6114 6014
📲 WhatsApp: +61 483 215 498
🌐 www.solacemigration.com.au
📍 Suite 14, 15–21 Collier Road, Morley, WA 6062
MARN:2318007

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At Solace Migration Solutions, we provide personalized guidance and professional support across student visas, partner visas, graduate visas, and complex immigration matters.

If you or someone you know needs help with visa applications, refusals, cancellations, or reviews, we’re here to help.

✨ Let’s turn your goals into reality — book your appointment today!

📞 +61 8 6114 6014
📲 WhatsApp: +61 483 215 498
🌐 www.solacemigration.com.au
📍 Suite 14, 15–21 Collier Road, Morley, WA 6062
MARN: 2318007

A Bill for an Act to amend the Administrative Review Tribunal Act 2024 and the Migration Act 1958, and for related purposes - Applications to be reviewed on the papers.

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