FED Migration Applicants Must Prove Their Identity or Face Dismissal of Their Case

Administrative and Judicial Review Legislation Amendment Bill 2026

House of Representatives

Senate

Assent

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Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

The Administrative Review Tribunal must give parties a statement of reasons for social security and veterans' affairs decisions.
Applicants for migration or protection reviews must verify their identity; this may include providing documents or attending a meeting in person or virtually.
The Administrative Review Tribunal must dismiss a migration review application if the applicant fails to verify their identity.
Applicants for migration decisions in the Federal Circuit and Family Court of Australia (Division 2) must verify their identity; failure to do so means they need court leave to continue or reinstate their case, and the Court can dismiss the application.
Tribunal registrars can dismiss applications that have no reasonable prospects of success.
The Attorney-General must seek and consider the President's advice on a member's performance and conduct before reappointing them.
The Governor-General can change whether a non-judicial member is salaried or sessional without ending their term.
The ART must tell the Home Affairs Secretary within 14 days if it dismisses a migration application and the person cannot ask to reinstate it.
The ART can give migration review decisions orally, as long as it also gives the required reasons out loud.
The ART must give all parties the decision and the reasons. Parties have 28 days to make a written request for the statement of reasons.

The Debate

What different members said when this bill was debated:

Michelle Rowland ALP

“I move: That this bill be now read a second time. The Administrative Review Tribunal (the ART) commenced operation on 14 October 2024, replacing the former Administrative Appeals Tribunal as Australia’s primary federal merits review body.”

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Julian Leeser LIB

“I rise to speak on the Administrative and Judicial Review Legislation Amendment Bill 2026. In speaking on this bill we need to be clear about why we’re here. Sadly, we are here cleaning up yet another mess left behind by the former attorney-general Mark Dreyfus, the member for Isaacs. The member for Isaacs abolished the Administrative Appeals Tribunal.”

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Tom French ALP

“I rise to support the Administrative and Judicial Review Legislation Amendment Bill 2026. At its heart, this bill is about something fairly simple: when government makes a decision that affects somebody’s life, that person should have a fair chance—a fair way—to challenge it, and the decision should be reviewed by people who are qualified to do the job.”

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Dr RYAN

“The Administrative Review Tribunal exists to provide an independent, merit based review of government decisions. It’s a key accountability mechanism within our administrative law system, which allows Australian citizens, visa applicants, businesses, veterans, NDIS participants and others to seek review if they believe that a government decision is wrong.”

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Claire Clutterham ALP

“I rise today to speak in support of the Administrative and Judicial Review Legislation Amendment Bill 2026.”

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Andrew Wallace LNP

“Australians were promised a better administrative review system. As a lawyer, a barrister of some 26 years now or thereabouts, I understand the importance of administrative review.”

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Shayne Neumann ALP

“I’m pleased to speak on the Administrative and Judicial Review Legislation Amendment Bill 2026. At the outset, I want to say that, as a Labor government, we are committed to the rule of law, to enabling impartial justice and to promoting public trust in law and in decisions made by judges. It’s fundamental to a liberal democracy.”

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Michael McCormack NAT

“I rise to speak on the Administrative and Judicial Review Legislation Amendment Bill 2026 and, in doing so, acknowledge the member for Blair’s long service in such legal matters. I acknowledge too that he played a part in a joint select committee about the efficacy of visas, migration and other matters as well, with the member for La Trobe.”

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Ash Ambihaipahar ALP

“I appreciate the indulgence to extend that time. I rise to speak specifically on this piece of legislation, the Administrative and Judicial Review Legislation Amendment Bill 2026.”

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Madonna Jarrett ALP

“I move: That debate be adjourned and resumption of debate be made an order of the day for the next sitting. Question agreed to.”

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