November 2025 has brought several key developments in Australian migration law and policy. In Canberra, the Administrative Review Tribunal and Other Legislation Amendment Bill 2025 has passed the House of Representatives and is now progressing through the Senate, proposing significant changes to the Administrative Review Tribunal (ART) and the Migration Act 1958.
Meanwhile, several states and territories have confirmed their skilled migration allocations for the 2025–26 program year, and the Department of Home Affairs has announced an upcoming invitation round for the Skilled Independent (Subclass 189) visa, scheduled for 13 November 2025.
State and Territory Updates
Good news for skilled migration applicants: New South Wales, Australian Capital Territory and Tasmania have now confirmed their allocations for the 2025–26 program year:
New South Wales – Total allocation: 3,600 places
- 2,100 places for the Skilled Nominated (Subclass 190) visa
- 1,500 places for the Skilled Work Regional (Subclass 491) visa
Australian Capital Territory (ACT) – Total allocation: 1,600 places
- 800 places for the Skilled Nominated (Subclass 190) visa
- 800 places for the Skilled Work Regional (Subclass 491) visa
Tasmania – Total allocation: 1,850 places
- 1,200 places for the Skilled Nominated (Subclass 190) visa
- 650 places for the Skilled Work Regional (Subclass 491) visa
Western Australia and South Australia have yet to confirm their full allocations but have been provided with interim figures. Western Australia will use its interim allocation to conduct a November invitation round, while South Australia will continue inviting applicants, including those who submitted a Registration of Interest (ROI) during the 2024–25 program year.
Allocations for Victoria, Queensland and the Northern Territory are still pending confirmation.
Both the Skilled Nominated (Subclass 190) and Skilled Work Regional (Subclass 491) visas require nomination by a state or territory government and are points-tested pathways to Australian residency. The Subclass 190 visa grants permanent residence and allows holders to live and work anywhere in Australia, whereas the Subclass 491 visa provides a temporary pathway requiring residence in a designated regional area.
If you are considering migrating through the skilled program, Brightstone Immigration Lawyers can assist you at every stage. From eligibility assessment and Expression of Interest (EOI) preparation to the final visa application.
Important Changes to the ART Review Process
The Administrative Review Tribunal and Other Legislation Amendment Bill 2025 introduces a new Division 4A to the Migration Act 1958, which will require the ART to decide certain migration reviews without conducting an oral hearing.
The Bill also amends section 106 of the Administrative Review Tribunal Act 2024, giving the ART broader discretion to decide matters “on the papers” even when not strictly required under Division 4A.
Currently, the ART may only dispense with hearings in exceptional circumstances where matters can be adequately decided on the papers. Under the proposed changes, the Tribunal may choose to do so if:
- The issues can be adequately determined without a hearing;
- It is reasonable to make a decision without holding a hearing; and
- The parties have been given a reasonable opportunity to make submissions on whether a hearing should be held.
These discretionary powers will remain subject to section 55 safeguards, ensuring that parties have a reasonable opportunity to present their case.
In addition, certain applications – such as reviews of student visa refusals and temporary visa refusals or cancellations prescribed by regulation – will require the Tribunal to decide the matter on the papers. However, these provisions will not apply to permanent or protection visa reviews or cases involving refusals or cancellations under specified Public Interest Criteria.
These reforms aim to improve the Tribunal’s efficiency in managing its caseload, but they also underscore the importance of carefully prepared written submissions and evidence. If you have a pending or ongoing matter before the ART, professional guidance is highly recommended to ensure your case is presented as strongly as possible.
The team at Brightstone Migration is highly experienced in managing ART matters and can assist in preparing clear, persuasive submissions and supporting documentation.
Upcoming 189 Invitation Round
The Department of Home Affairs has announced that the next invitation round for the Skilled Independent (Subclass 189) visa will take place on 13 November 2025.
This points-tested visa provides a pathway for skilled workers who are not sponsored by an employer, family member, or state/territory government. Applicants are ranked based on factors such as age, English proficiency, skilled employment and educational qualifications.
If you have previously submitted an Expression of Interest (EOI), now is the time to review and update your details to ensure your information remains accurate and competitive.
The application process involves three main steps:
- Obtain a positive skills assessment in your nominated occupation.
- Submit an Expression of Interest (EOI) through SkillSelect.
- If invited, lodge your visa application within 60 days of receiving the invitation.
Given the competitive nature of this visa, it is vital to maximise your points and ensure your supporting documentation is complete and compelling.
Need Expert Advice?
Whether you’re exploring skilled migration, navigating an ART review or preparing for an upcoming invitation round, Brightstone Migration is here to guide you through every stage of the process.
Contact our team today to arrange a consultation and ensure your application is strong, compliant and ready for success.
This article was prepared and written by our immigration lawyer team at Brightstone Migration and reviewed by Mei Guo, Partner Solicitor and Head of Immigration (Legal Practitioner Number: 5512368), to provide professional insights and commentary. The content is for reference only and does not constitute specific legal advice.
Last updated: 13/11/2025
