If your visa has been refused and you’ve lodged an appeal with the Administrative Review Tribunal (ART), you may be wondering: “Can I still apply for another visa while waiting for the outcome?” This is a common concern for many visa applicants in Australia, and the answer depends on several factors, including your current visa status and the type of visa you want to apply for.
At NB Migration Law, we help clients navigate complex visa situations every day. Here's what you need to know.
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You May Be Affected by Section 48 of the Migration Act
If you are in Australia and your visa has been refused or cancelled, you are likely subject to Section 48 of the Migration Act 1958. This section limits your ability to apply for most other visas while you remain in Australia. It is often referred to as a “bar” on applying for further visas onshore.
However, there are some important exceptions.
You can apply for the following visas while subject to Section 48:
- Partner visas (subclass 820/801)
- Bridging visas
- Protection visas
- Child visas (subclass 802)
- Certain other prescribed visas (depending on the circumstances)
If you wish to apply for a visa not on this list, you will likely need to leave Australia and apply from offshore—or wait for your ART decision.
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Your Bridging Visa Status Is Crucial
Once you lodge an appeal with the ART, you are typically placed on a Bridging Visa A (BVA), which allows you to remain lawfully in Australia while your appeal is being processed.
However, this BVA:
- Does not allow you to travel overseas (you would need to apply for a Bridging Visa B for this right),
- Does not allow you to apply for any visa outside the Section 48 exemptions mentioned above.
Understanding your current bridging visa conditions is vital before making any further application.
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Applying for Another Visa During an ART Appeal
While waiting for an ART decision, your options to apply for another visa from within Australia are very limited due to Section 48. However, it may still be possible in specific situations such as those below:
Scenario 1: You’re in a relationship with an Australian partner
If you become eligible for a partner visa (subclass 820) after your original visa refusal, you may still be able to lodge this visa onshore—even while your appeal is ongoing. However, the evidentiary standards will be higher if you apply onshore as you will need to satisfy Schedule 3.
Scenario 2: You’re eligible for a Protection visa
If your circumstances have changed and you now fear returning to your home country due to serious harm, you may be able to apply for a Protection visa, regardless of Section 48 (unless you previously had a protection visa application refused or cancelled).
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Should You Withdraw Your ART Appeal to Apply for Another Visa?
This is a critical decision and should only be made with legal advice.
In some cases, people consider withdrawing their ART appeal in hopes of applying for a different visa. However, doing so may result in:
- Losing your Bridging Visa, and
- Becoming unlawful in Australia if you’re not granted a new visa immediately.
The risk of becoming unlawful can have serious consequences for your immigration future.
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Always Seek Professional Advice
Every visa and appeal case is unique. What works for one person may not be available to another. The consequences of applying for the wrong visa or misunderstanding your eligibility can be serious—especially while you’re awaiting an ART appeal.
At NB Migration Law, we:
- Carefully assess your eligibility to apply for other visas onshore,
- Advise on how Section 48 affects your situation,
- Help you explore legal strategies to strengthen your stay in Australia,
- Assist with both visa applications and ART appeal processes.
Final Thoughts
While your options are limited during an AAT appeal, you may still be able to apply for certain visas onshore, such as a partner visa or protection visa. However, due to the complexity of the law—including Section 48—it’s essential to get personalised legal advice before making any moves.
Book a consultation with NB Migration Law today to explore your options with confidence and protect your future in Australia.