Section 367C — Scope of Division 4A (paper review)
Text of provision
(1) This Division applies in relation to an application to be reviewed on the papers.
(2) An application made to the ART for review of a reviewable migration decision is an application to be reviewed on the papers if:
(a) the decision is a decision relating to a temporary visa; and
(b) the application is of a kind (if any) prescribed for the purposes of this subsection.
Note: An application made to the ART for review of a reviewable protection decision cannot be an application to be reviewed on the papers (see paragraph 338(1)(b)).
(3) However, an application is not, or ceases to be, an application to be reviewed on the papers if:
(a) the President of the ART refers the application to the guidance and appeals panel under section 122 of the ART Act; or
(b) the circumstances (if any) prescribed for the purposes of this paragraph apply in relation to the application. Regulations
(4) Without limiting paragraphs (2)(b) and (3)(b), regulations made for the purposes of those paragraphs may prescribe kinds of, or circumstances relating to, applications made before, on or after the commencement of those regulations.
(5) The regulations may provide that specified steps taken under this Division or Division 4 in relation to applications that cease to be, or that become, applications to be reviewed on the papers are to be treated as steps taken under Division 4 or this Division (as the case may be).
Plain English
Section 367C defines which ART applications are subject to the paper review procedure (Division 4A). An application is reviewed on the papers when two conditions are met: (1) the decision under review is a refusal to grant a temporary visa, and (2) the application is of a kind prescribed by the regulations.
As of 1 June 2026, Migration Regulations regulation 4.18 prescribes student visa refusal applications as the prescribed kind. Consequently, all ART review applications for student visa refusals lodged on or after 1 June 2026 are reviewed on the papers under Division 4A.
Practical effect
Practitioners must check whether their client's ART application falls within s 367C. If the client has a student visa refusal before the ART and the application was lodged on or after 1 June 2026, Division 4A applies: no oral hearing, written submissions only, and strict response deadlines (28 days for s 367F, 14 days for s 367G).
Applications lodged before 1 June 2026 follow the pre-existing procedure. There is a transitional provision in the regulations (Part 162 of Schedule 13 to the Migration Regulations) that confirms the new procedure only applies to applications made on or after commencement.