February Industry Roundup: Migration, Accounting & Legal Highlights

Administrative Review Tribunal Act 2026 Receives Royal Assent

The Administrative Review Tribunal and Other Legislation Amendment Act 2026 received Royal Assent on 9 February 2026 and will commence by 10 August 2026.

Under the new law, the ART will be able to decide certain matters “on the papers” without an oral hearing, where appropriate.

For migration matters, this change applies to:

• Student visa refusal reviews
• Certain prescribed temporary visa reviews (none additional prescribed yet)

Permanent and protection visa reviews are not affected.

This means written submissions will become even more important in student visa review cases.

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English Language Test Update: OSR & SSR Clarification

Home Affairs has confirmed that from 7 August 2025, IELTS and MET results including One Skill Retake (OSR) or Single Section Retake (SSR) are accepted for most visa subclasses.

However:

• Subclass 482 still requires test results from a single sitting.

Score requirements remain unchanged, only format acceptance has been clarified.

How VOG Can Assist

At VOG Migration, our registered migration professionals can:

• Assess your review rights under the new ART framework
• Prepare strong written submissions for paper-based reviews
• Confirm correct English test eligibility for your visa subclass
• Ensure your application aligns with current legislative instruments

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CGT Discount Under Review: Push to Reduce to 25%

The Australian Council of Trade Unions (ACTU) has called for the Capital Gains Tax (CGT) discount to be reduced from 50% to 25%, arguing that the current settings favour property investors and contribute to housing affordability pressures.

According to the ACTU, the discount largely benefits high-income earners and has widened the gap between house prices and wages since its introduction in 1999. Other policy groups have also recommended reviewing the current rate.

While no changes have been legislated, this signals ongoing scrutiny of property tax settings and potential future reforms.

If you’re a property investor or trustee, now is the time to review your tax structure. Contact VOG Taxation for tailored advice.

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Federal Hate Speech Reforms: Striking the Balance

The Albanese Government has passed what it describes as the toughest federal hate crime laws in Australia’s history, following the December 2025 terrorist attack at Bondi Beach.

The Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026 strengthens Commonwealth hate crime offences, increases penalties for hate-motivated conduct, broadens prohibited symbol offences, and enables hate-based organisations to be formally listed as banned groups.

Attorney-General Michelle Rowland emphasised that the reforms were developed urgently but carefully, drawing on existing criminal justice frameworks while ensuring constitutional compliance and proper consultation.

The laws aim to send a clear message that hate, extremism, and radicalisation will be met with serious legal consequences.

At VOG Lawyers, we continue to monitor legislative changes across criminal and migration law to ensure our clients receive informed, up-to-date legal guidance.

Contact us if you require advice on how these reforms may affect you or your organisation.

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Migration Tip from VOG: Don’t Wait Until the Last Minute

If your student visa is expiring in March and you’re planning to apply for a Subclass 485 (Temporary Graduate visa) or a student visa extension, now is the time to start preparing.

Delaying your application can lead to:

• Unnecessary stress and uncertainty
• Last-minute documentation issues
• Medical and police clearance delays
• Risk of missing important deadlines

Visa applications require careful preparation, correct documentation, and strategic planning. Starting early gives you the time to address any gaps and submit a strong, compliant application.

At VOG Migration, we recommend beginning the process well in advance to avoid panic and protect your lawful status in Australia.

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