After a Visa Refusal: What You Can Legally Do During Your AAT Appeal
When your Australian visa is refused or cancelled, and you decide to challenge the decision at the Administrative Appeals Tribunal (AAT), the waiting period can be stressful and confusing. One of the most common questions applicants ask: “Can I apply for another visa while my appeal is in progress?” The answer is not straightforward—some people can, but many cannot. Here’s what you need to know.
Your Status While Waiting: Bridging Visa A
Once you lodge an appeal with the AAT, you are usually granted a Bridging Visa A (BVA) that allows you to remain lawfully in Australia while your review is pending. AAT processing times can take months, but the BVA ensures you maintain lawful status during this time.
However, staying in Australia does not automatically guarantee that you can apply for a new visa. Your ability to lodge another application is limited by legislation—particularly Section 48 of the Migration Act.
Understanding Section 48 and Onshore Limitations
Section 48 of the Migration Act 1958 restricts individuals who have had a visa refused or cancelled while onshore from applying for most other visas while still in Australia. This provision exists to prevent repeated, successive visa applications that delay departure after a refusal.
If you are now holding a bridging visa and fall under Section 48, your choices for onshore applications become very limited.
Visas Exempt from Section 48
These are only a few visas that you may still apply for while onshore if Section 48 applies. These include:
- Partner visa (subclass 820)
- Protection visa
- Certain child visas
- Skilled Regional visas: 491 and 494 (if you are in a designated regional area)
- Skilled visas: 189 and 190
- Another bridging visa, if required to maintain lawful status
Before attempting to apply for any visa under these exemptions, it is essential to seek proper advice from a registered migration agent.
Leaving Australia to Apply Offshore: Proceed With Caution
Some individuals consider leaving Australia to lodge a new offshore visa application. Although possible, this approach carries significant risks:
- A Bridging Visa A ceases immediately upon departure.
- A Bridging Visa B (BVB) is required if you intend to return.
- Leaving Australia during an active AAT review may complicate or jeopardize the process.
Always seek advice before making travel decisions during an appeal.
Work and Study Rights While Awaiting Your AAT Outcome
Your work and study rights depend entirely on the conditions attached to your bridging visa:
- Some Bridging Visa As grant work rights automatically.
- Others require a separate application, especially if you are experiencing financial hardship.
- Every bridging visa is different—check your visa grant letter or consult an agent to understand your conditions clearly.
What Happens After the AAT Decision?
If the AAT overturns the refusal, your application goes back to the Department of Home Affairs for reassessment and potential approval.
If the AAT affirms the refusal, your options become more limited. You may need to leave Australia unless you are eligible for another visa or choose to escalate your case to the Federal Court.
Need help? Talk to AMVPS Australia!
Visa refusals are distressing, and appeals can be legally complex. Acting without proper guidance may lead to costly mistakes or even removal from Australia.
If you are facing a visa refusal, cancellation, or AAT appeal, talk to us at AMVPS.
We can assess your options, explain your rights, guide your next steps, and help you avoid critical errors that could affect your future in Australia.
