If your visa has been refused or cancelled and you’ve lodged an appeal with the Administrative Review Tribunal (ART), you’re not stuck with the facts as they were on decision day. Circumstances change. You might form a new eligible relationship, get a new job offer, or otherwise become eligible for a more beneficial visa. Where a new visa is granted, you can then withdraw the ART appeal because you no longer need that review outcome.
The section 48 bar — your first checkpoint
If you’re in Australia, have had a visa refused or cancelled since your last entry, and don’t hold a substantive visa (you’re on a bridging visa), section 48 of the Migration Act 1958 (Cth) generally stops you lodging most new onshore applications. Limited onshore classes remain open despite section 48 (for example, onshore Partner 820/801, Protection 866, Child 802, Medical Treatment 602 and a small number of other prescribed visas).
Bridging visas — what they do (and don’t) do
After a refusal: appealing to the ART usually keeps you lawful on a Bridging Visa A (BVA) or C (BVC). A BVA doesn’t allow travel. If you must travel, apply for a Bridging Visa B (BVB) before you leave.
After a cancellation or refusal when you’re otherwise unlawful: you may need a Bridging Visa E (BVE) to remain lawful while you pursue review, depart, or take other steps. BVEs are restrictive (often no work and no travel).
The important point is that it’s section 48 — not the type of bridging visa — that limits what you can apply for onshore. If section 48 applies, you’re confined to the permitted visa classes.
Do not withdraw your ART matter just to “switch” pathways without advice. If you withdraw and no other visa is in effect, your bridging visa can cease and you can become unlawful.
Onshore applications that can still make sense
Partner visa (820/801): commonly still available onshore despite section 48. However, you should expect Schedule 3 to be engaged if you don’t hold a substantive visa at lodgement; you’ll need a proper waiver case. See our Partner visa guide.
Protection visa (866): appropriate only where you now face a real risk of serious harm on return. Specialist advice is essential.
Other prescribed classes: a few additional visas are permitted onshore in defined scenarios under the Regulations.
Offshore applications while ART is pending — including the “BVB switch”
Section 48 is an onshore bar. Many applicants consider lodging offshore instead. That can be viable, provided you plan the logistics.
BVB switch (where eligible): if you hold a BVA, you can apply for a BVB, travel offshore to lodge a visa that section 48 would block onshore, then return on your BVB while the new application processes. This only works if you’re not subject to an exclusion period that would defeat the new application and if the target visa permits offshore lodgement.
Bridging effects: your BVA, BVC or BVE generally ceases on departure unless you hold a BVB that covers your travel.
Check the visa’s lodgement rules: some visas must be lodged onshore; others must be lodged offshore.
Time your trip and evidence: make sure you meet all criteria at the correct time and you remain lawful throughout.
This pathway should always be discussed with an expert before you book flights. We map the status, the timing, the target visa’s rules, and any bars, so you don’t trigger an avoidable refusal.
If cancellation is in play — NOICC and exclusion periods
NOICC response windows: if you receive a Notice of Intention to Consider Cancellation (NOICC), you’ll usually have between 5 business days (onshore) and 28 days (offshore) to respond.
Exclusion periods after refusal or cancellation: even if a new pathway exists, “no-grant” rules can block it because of how your last visa ended.
- PIC 4013 can bar certain visas for 3 years after a cancellation on specified grounds (limited compassionate or compelling exceptions).
- PIC 4014 can bar certain temporary visas for 3 years where you overstayed and departed or left while holding a BVE after refusal or cancellation (again, narrow exceptions).
- PIC 4020 (false or misleading information in a material particular or bogus documents) can impose a 3-year bar; identity findings can lead to a 10-year bar.
These are technical provisions. We check if they’re engaged and whether an exception is realistically available on your facts.
Practical sequencing
Stay lawful at all times.
Don’t lodge something onshore that section 48 or an exclusion period will obviously defeat.
If pursuing an onshore Partner 820 while on a bridging visa, build the Schedule 3 case properly.
If cancellation is on foot, a NOICC response is your priority; a later review is second best to no cancellation at all.
ART and court proceedings don’t pause all downstream consequences; statutory time limits keep running.
How Leyton Stone Law can help
We chart your status and section 48 position, test for exclusion periods (PIC 4013, 4014 and 4020), and design a pathway that actually works: onshore Partner (with Schedule 3 strategy), offshore lodgement via BVB travel where appropriate, or a focused NOICC response to prevent cancellation. If review is required, we run ART merits review and, where warranted, court review. The aim is a clean, lawful sequence that gets you to the outcome you want without triggering avoidable bars.
Book a consult today. Australia-wide.
Disclaimer
The information in this article is general in nature and does not constitute legal advice. Immigration matters can be complex — you should seek advice from a registered migration agent or immigration lawyer about your individual circumstances before making any decision.