Section 337 — Interpretation
Text of provision
In this Part: application to be reviewed on the papers: see subsections 367C(2) and (3). Australian permanent resident means an Australian permanent resident within the meaning of the regulations. company includes any body or association (whether or not it is incorporated), but does not include a partnership. decision on a review means any of the following decisions of the ART in relation to an application for review of a reviewable migration decision or a reviewable protection decision:
(a) a decision under section 105 of the ART Act to affirm the decision;
(b) a decision under section 105 of the ART Act to vary the decision;
(c) a decision under subsection 349(2) of this Act to remit a matter in relation to the decision for reconsideration;
(d) a decision under section 105 of the ART Act to set the decision aside and substitute a new decision;
(e) a decision under paragraph 368C(3)(b) or subsection 368C(5) of this Act to confirm a decision to dismiss the application. nominated has the same meaning as in the regulations. sponsored has the same meaning as in the regulations.
Plain English
Section 337 defines the terms used throughout Part 5 (Reviewable migration decisions). The most significant addition in Compilation 170 is the definition of "application to be reviewed on the papers", which cross-references the criteria in s 367C(2) and (3).
An application is reviewed "on the papers" (without an oral hearing) when it concerns a temporary visa refusal and is of a kind prescribed by regulation. As of 1 June 2026, Migration Regulations reg 4.18 prescribes student visa refusal applications as this kind.
The section also defines: Australian permanent resident, company, decision on a review (listing the five types of ART decisions including affirm, vary, remit, substitute, and confirm dismissal), nominated, and sponsored.
Practical effect
The new "application to be reviewed on the papers" definition is operationally critical. When a student visa refusal ART application meets the definition — and from 1 June 2026 all such applications do — Division 4A (ss 367C–367N) applies instead of the standard oral hearing procedure.
Practitioners should be aware that "reviewed on the papers" means no right to an oral hearing (s 367N). The sole procedural safeguard is the invitation to provide written submissions under s 367F (28-day window) and to respond to adverse information under s 367G (14-day window).