Parliament to pass new Bill that could see avalanche of wrong decisions by removing right to hearings

MEDIA RELEASE
Wednesday 4th February

Parliament to pass new Bill that could see avalanche of wrong decisions by removing right to hearings
The Asylum Seeker Resource Centre (ASRC) has warned that the Administrative Review Tribunal and Other Legislation Amendment Bill 2025, likely to pass with opposition support today, would mark a serious erosion of access to justice, with profound consequences for people seeking asylum. These new laws are a Trojan Horse that will have wide-ranging consequences.

The Bill would significantly expand the Administrative Review Tribunal’s power to decide cases without holding an oral hearing, removing the right for people to be heard when challenging government decisions. New amendments circulated by the Government today broaden the powers of the Minister to decide that temporary visa types must be made without a hearing.

Evidence shows that paper based decisions increase the risk of mistakes and prolonged litigation. Decisions made without hearings are more likely to be challenged in the courts, shifting costs and delays further along in the system – where it’s more expensive and difficult for everyone involved.

For people seeking asylum, including women fleeing violence and LGBTQIA people, the stakes are especially high. Many applicants face language barriers, trauma-related memory difficulties, and unfamiliarity with legal systems. Written submissions alone often fail to capture the complexity of their situation, and are almost impossible for people for whom English is a second language.

This shift undermines a core principle of administrative fairness. Tribunal review exists because bureaucratic decisions can be wrong, poorly made, or made on the basis of misunderstandings about the situation. The tribunal is supposed to be accessible to everyday people, and oral hearings are often the only way people can respond to concerns, clarify misunderstandings, and ensure decision-makers properly understand their circumstances.

The average person can’t make legal submissions – they need to be given the opportunity to explain their argument in their own words. Instead of addressing chronic under-resourcing and delays through proper funding and staffing, the government has chosen to prioritise speed over fairness and accessibility.

The ASRC continues to call for genuine reform of the tribunal system through proper investment in decision-making capacity and fairness, rather than shortcuts that remove people’s right to be heard.

Jana Favero, Deputy CEO of the Asylum Seeker Resource Centre said:

“Removing the right to an oral hearing makes it easier for life-altering decisions to be made without ever giving the person the right to be heard. For people seeking asylum, if the tribunal decides not to give them a hearing, it might mean they never have the opportunity to explain why they are not safe.”

“Many people seeking asylum cannot meaningfully tell their story on paper alone such as women fleeing family violence and LGBTQIA people. Trauma, language barriers and lack of legal support mean hearings are essential to fairness.”

For media enquiries or interviews contact:

Natasha Blucher on 0412 034 821 or media@asrc.org.au