Character and Bridging visa B in 2026: s.501 refusals, deemed refusals and no Tribunal review
How section 501 character rules refuse or automatically refuse a Bridging visa B in 2026, and when no Tribunal review is available.
If you hold a bridging visa and have a criminal record, or a visa of yours has been cancelled on character grounds, a Bridging visa B (subclass 020) can be refused on that basis alone — and in one situation it is refused automatically, with no review by the Tribunal at all. The Department of Home Affairs lists "meet the character requirement" among the eligibility criteria on its Bridging visa B (BVB) (Subclass 020) page, and as at 13 August 2026 that page, together with section 501 of the Migration Act 1958 and the Migration Regulations 1994, is what decides the outcome. What follows is general information about how those rules fit together, not advice about your own circumstances; the character provisions are technical and their effect depends on your record, so treat the official pages and any qualified advice you obtain as the authority before you commit to travel.
Does a Bridging visa B actually have a character requirement?
Yes. Alongside holding a substantive visa at some point, already holding a Bridging visa A or B, having a substantive visa application that is not finally determined, and having substantial reasons to travel, the Department's page lists a standalone character requirement. There is no age limit, but there is no exemption from character either.
The character test itself comes from section 501 of the Migration Act 1958, which allows a visa to be refused or cancelled where a person does not pass the character test. The Regulations add a public interest criterion for this subclass (criterion 4021), whose current wording is best read directly on the Federal Register of Legislation rather than through any summary.
What does "finally determined" mean, and why does it matter?
A substantive visa application stops being "on foot" once it has been finally determined. If the application was refused and you did not seek review within the prescribed timeframe, it is treated as finally determined, and a BVB application that depends on that pending application has nothing left to attach to.
The prescribed timeframes run in two directions:
- merits review at the Tribunal must be applied for within the prescribed timeframe;
- judicial review runs for 35 days from the date of the Tribunal's decision, and applying outside the statutory timeframe may affect your eligibility to apply for a further bridging visa.
How does section 501 bite on a BVB application?
Two things can happen. The decision maker can refuse the BVB because you do not pass the character test, or the visa can be cancelled on character grounds, including while you hold it. The subclass 020 provisions also require that your return to Australia not be contrary to the public interest, which is assessed separately from the character test.
Bail conditions are a practical trap here. Where an applicant is on bail, the decision maker is expected to ask what the bail conditions are and whether they permit the person to leave Australia. Suppose an applicant is on bail with a condition that they not depart Australia: that condition speaks directly to both legs of the test — whether travel should be facilitated, and whether the person should be allowed back in.
What is a deemed refusal under section 501F?
This is the part that surprises people. Where another visa application of yours has been refused under section 501, or a visa of yours has been cancelled under section 501, your BVB application is taken to be refused automatically. It is not a fresh assessment of your travel reasons or your current circumstances; the character outcome on the other visa flows through to the BVB.
Under section 501F(5), that automatic refusal is not reviewable by the Tribunal. In plain terms: no merits review, no second look at whether your trip was genuinely important, and no argument that you should have been allowed to travel. A decision recorded this way is also a decision you cannot delay by applying for review, because there is no review to apply for.
Can you still get a BVB while waiting for judicial review?
Yes, in principle, but the timing is tight. The Department's page allows a BVB where the substantive visa application was refused and you have applied for judicial review within the prescribed timeframe, and those proceedings have not finished. The judicial review window is 35 days from the date of the Tribunal's decision.
The visa itself also stops on a clock. A BVB granted for judicial review purposes ceases 28 days after the court proceedings end, while a BVB tied to a substantive visa application ceases 35 days after a refusal. If an adverse decision lands while you are offshore, that is the window you have to come back. These periods come from the Regulations and should be confirmed against the current text on the Federal Register of Legislation.
Do you still need substantial reasons to travel if character is not in issue?
You do, and it is the criterion most applications are lost on. Under the Department's policy guidance, "substantial" carries its ordinary meaning: real, actual, important, of genuine value or significance. Both halves matter — the reason has to be important and it has to be evidenced.
Reasons commonly treated as substantial include visiting a seriously ill relative, attending a funeral or wedding, and travel connected with employment, business or education. Where the stated reason is visa processing delay, the decision maker is expected to check whether processing has actually run beyond the published service standard.
Other stopping points that apply regardless of character:
- you must hold a Bridging visa A or B both when you apply and when the decision is made; if you stop holding one, the application must be refused or withdrawn;
- you must be in Australia, not in immigration clearance, and not in immigration or criminal detention;
- the passport must be valid and acceptable;
- travel must not be contrary to the public interest, with active tuberculosis the one public health risk treated as having no exception.
Does a BVB change your work rights or the section 48 bar?
No on both counts. A BVB carries no "compelling need to work" provision; if work rights are what you need, a Bridging visa A is the relevant comparison. And if the section 48 bar applies to you because of an earlier refusal or cancellation, travelling out and back on a BVB does not lift it — what it does allow is applying for a new substantive visa from outside Australia.
Travel facility periods are set case by case. Policy suggests a period of up to 12 months for some longer-processing categories such as parent and skilled or business streams, but that is guidance rather than a rule, and a shorter period is common.
Frequently Asked Questions
Does a criminal record automatically mean my Bridging visa B will be refused?
No. The character requirement is one criterion among several, and a record does not produce a fixed result on its own. What it does is expose the application to refusal under section 501, and in the specific case of an earlier section 501 refusal or cancellation it produces an automatic refusal of the BVB.
What exactly is a "deemed refusal" of a BVB?
It is an automatic refusal that follows from another character decision about you: a visa application of yours refused under section 501, or a visa of yours cancelled under section 501. The BVB is taken to be refused without a separate assessment of your travel reasons.
Can I take a BVB refusal to the Tribunal?
If the refusal is a deemed refusal under section 501F, no — section 501F(5) makes that decision not reviewable by the Tribunal. For other refusals, review rights depend on the decision itself and on the current legislation, so the Tribunal's current guidance is the place to check.
I am on bail with a condition that I stay in Australia. Can I still be granted a BVB?
Bail conditions are directly relevant, and the decision maker is expected to ask what they permit. A condition barring departure works against both the grant of travel permission and the return-to-Australia assessment.
If my BVB is granted, when does it stop?
It depends on what it is tied to: 35 days after a refusal of the substantive visa application, or 28 days after judicial review proceedings end. The Minister can also specify an earlier date, and a shorter travel facility period can be set.
Do I need substantial reasons for travel if my character is fine?
Yes. Substantial reasons is a separate and independent criterion, and it is one of the most common refusal grounds. The reason must be both important and supported by evidence such as medical documents, funeral notices or business and education records.