Visa Refused in Australia? What You Can (and Can’t) Do While You Wait for an Appeal
Having your Australian visa refused or cancelled can throw your whole life into limbo. If you’ve submitted an appeal to the Administrative Appeals Tribunal (AAT), the big question becomes:
Can you apply for a different visa while waiting?
The answer isn’t simple. Some people can apply for another visa, others can’t. Here’s what you need to know, in plain English.
What It Means to Appeal a Visa Decision
When you challenge a visa refusal or cancellation with the AAT, you’re asking for a review of the decision. While you wait for that review, which can take months, you’re usually granted a Bridging Visa A (BVA). This allows you to stay in Australia lawfully.
But even if you're still in the country, your ability to apply for new visas is restricted.
Section 48: The Law That Limits Onshore Visa Applications
The Migration Act's Section 48 restricts people who have had a visa refused or cancelled while onshore. If you're now on a bridging visa, you may be blocked from applying for most other visas from within Australia.
This law exists to prevent repeated visa applications after a refusal, which can be seen as a way to delay departure.
What Are Your Options Under Section 48?
There are a few specific visas that are exempt from Section 48 restrictions, including:
Partner visa (Subclass 820)
Protection visa
Certain Child visas
Skilled Regional visas (e.g., 491, 494) — but only if you’re living in a designated regional area
Another Bridging visa (if needed for travel or to extend your stay legally)
Skilled visas -189 and 190
If you’re not sure whether your preferred visa is eligible, speak to a registered migration agent before applying.
Thinking of Leaving to Apply Offshore?
Some people consider leaving Australia to apply for a new visa from overseas. That can be an option, but be warned, it’s risky.
If you leave the country on a Bridging Visa A, it will immediately cease. You’d need to apply for a Bridging Visa B (BVB) beforehand to return. If your appeal is still underway, leaving could complicate or even cancel your review process.
Before you book a flight, get professional advice. Mistakes here can be hard to undo.
Can You Work or Study While on a Bridging Visa?
Your rights to work or study while waiting for your visa appeal depend entirely on the type of bridging visa you’ve been issued.
Some BVAs include work rights automatically
Others may require a separate application for work rights, especially if you’re facing financial hardship
Not all bridging visas are created equal. Check your visa grant letter or ask a migration agent to review your conditions.
What Happens If Your Appeal Succeeds (or Fails)?
✅ If the AAT rules in your favour, your original visa application goes back to the Department of Home Affairs for reconsideration. If all is in order, your visa may be granted.
❌ If your appeal is rejected, your legal options narrow significantly. You may be required to leave Australia unless you qualify for another visa or want to escalate the matter to the federal court.
Don’t Navigate This Alone
Visa rules in Australia are complex, especially when you're dealing with refusals and appeals. Acting without proper guidance can lead to delays, extra costs, or worse, removal from the country.
Here’s how to protect your future:
✔️ Speak to a registered migration agent or immigration lawyer
✔️ Understand what Section 48 means for your situation
✔️ Make sure your bridging visa conditions are clear, especially around work, study, and travel
✔️ Have a backup plan in case your appeal is unsuccessful
Need Expert Help?
At Think Visa, we help people make sense of complex visa situations every day. Whether you’ve just had a visa refused, you’re appealing a decision, or you’re unsure what your next move should be, we’ve got your back.
