The Administrative Review Tribunal (ART) has reported a significant increase in its caseload, driven largely by a surge in appeals related to student visa rejections. According to the tribunal’s latest annual report, the volume of cases awaiting resolution rose by nearly 20 percent during the 2026 financial year, reaching a record high of 133,749.
Despite finalizing a record 65,900 cases over the same period, the tribunal said it has struggled to keep pace with the growing backlog. This increase is principally attributed to a sharp rise in student visa appeals and complaints related to the National Disability Insurance Scheme (NDIS). Student visa cases lodged with the ART grew by 42 percent last year and have increased fourteenfold since the 2023 financial year.
The escalation in student visa appeals corresponds with a government crackdown on international student visas, which has pushed rejection rates to more than 32 percent earlier this year—the highest level in around two decades. The federal government recently introduced tighter measures targeting "visa hopping," a practice where international students change courses to prolong their stay in Australia. These changes are anticipated to further increase the number of visa refusal appeals.
Migration-related cases remain the predominant issue before the ART, accounting for 55 percent of all matters. Justice Emilios Kyrou, president of the tribunal, acknowledged the tribunal's limited capacity to manage the volume of incoming cases and highlighted the resultant delays in case processing and finalisation. He noted that the tribunal has faced "major challenges" as it grapples with the surge in both student visa and NDIS appeals.
To address the backlog, legislative amendments now permit the ART to determine some student visa refusal applications without oral hearings, allowing decisions to be made "on the papers." The tribunal aims to use this new approach to reduce delays and improve efficiency during the current reporting period.
The ART workforce expanded significantly over the 2026 financial year, with its membership rising by more than 11 percent to 413 members and overall staff numbers increasing by over 25 percent to 1,290 employees. This growth has prompted the tribunal to implement office-sharing arrangements and authorize some members to work remotely to accommodate the expanding team.
Justice Kyrou emphasized the tribunal’s efforts to adapt to the increased workload, including the introduction of an office booking system and more flexible work-from-home options, enabling it to effectively manage resources amid rising demand.
