Visitor Visa Refused While in Australia: Review, Section 48 and Your Bridging Visa

If you applied for a visitor visa while you were in Australia and it was refused, the clock starts straight away. You may be able to ask the Administrative Review Tribunal (ART) to review the decision, but you also need to understand which visas you can still apply for and how long you can lawfully stay. This guide explains the main rules.

Can you seek review?

A refusal is generally reviewable by the ART if you applied in Australia, the visa could be granted in Australia and the refusal was not made while you were in immigration clearance. The time limit is 28 days after you are notified of the decision, or 14 days if you are in detention. Check the decision letter, which should say whether review is available and the deadline. See ART time limits and ART review.

Late applications cannot be accepted. The ART cannot extend the 28 day limit for these reviews, so lodge early, with the fee or a fee reduction request.

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Why visitor visas are refused

Most refusals turn on whether you genuinely intend to stay temporarily. The decision maker looks at whether you complied with the conditions of your last visa, whether you will comply with the visitor visa conditions, and any other relevant matter, such as your ties at home, your reasons for staying longer and your immigration history. You also need enough money for your stay. See reasons for visitor visa refusal.

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The section 48 bar

If you do not hold another substantive visa and your visa was refused after you last entered Australia, section 48 limits what you can apply for while you remain here. The visitor visa is not on the permitted list. Some visas are, including partner visas and protection visas, and some skilled visas such as the 190, 491 and 494, if you meet their own rules. See the section 48 bar.

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Your bridging visa

• If you lodged your visitor visa application while holding another substantive visa, you were usually granted a Bridging Visa A.
• That bridging visa generally continues until 35 days after you are notified of the refusal.
• If you lodge an ART review in time, it generally continues until 35 days after the ART makes its decision.
• A Bridging Visa A does not let you return if you leave Australia. See Bridging Visa B.

If you did not hold a bridging visa, or it has ended, you may need a Bridging Visa E to stay lawful while you arrange to leave. See your bridging visa after a refusal.

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Review or leave and reapply?

Review may suit you if the decision got the facts wrong or you can now show strong evidence of a genuine temporary stay. Leaving and reapplying from outside Australia may suit you if you simply need to return later for a visit. A new application must deal with the reasons for the earlier refusal. See reapply or seek review.

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What you should do now

• Check the decision letter: for review rights and the deadline.
• Diarise 28 days: from when you were notified.
• Work out your bridging visa end date: so you stay lawful.
• Gather evidence: that answers the genuine visitor concerns.