How Do I Stay Lawful During Judicial Review of My Visa Refusal in 2026?
You must apply for a new Bridging visa C yourself to stay lawful while judicial review of a visa refusal is pending — here's how the timing works.
You do not stay lawful automatically once the Administrative Appeals Tribunal (AAT) upholds a refusal — you have to apply for a fresh Bridging visa C (BVC) (Subclass 030) yourself, and if you are seeking judicial review the Department of Home Affairs says you can only apply by webform. According to the Department of Home Affairs "Bridging visa C (BVC) (Subclass 030)" official page (current as of August 2026), a separate BVC application "might be necessary" where you have applied for judicial review, and the page states plainly that if a merits review tribunal upholds the refusal and you apply for judicial review, "you will need to apply for a bridging visa to maintain your lawful status during the judicial review proceedings."
This article is general information about how the rules are published, not advice on your own case; your conditions and expiry date are what your visa record says, so check them and confirm details against the Department's current published guidance or a registered professional.
What happens to my bridging visa the moment the tribunal upholds the refusal?
The AAT decision starts a countdown rather than ending your visa on the spot. For a BVC granted on or after 19 November 2016, the Department's page says your visa ceases 35 calendar days after a decision by the AAT in relation to your associated substantive visa application, and also 35 calendar days after a determination that the application or AAT review is invalid, or after you withdraw either.
That 35-day window is the practical reason to act immediately. Filing for judicial review does not put the bridging visa question on hold for you — the bridging visa you need for the judicial review period is a separate grant with its own conditions, and lodging it late can leave you without lawful status between the AAT decision and any new decision.
Do I get a new bridging visa automatically when I file for judicial review?
No. Most bridging visas are applied for automatically as part of a substantive visa application, but the Department's page lists two situations where a separate application may be necessary: seeking a further BVC without work restrictions, and having applied for judicial review. Judicial review sits outside the merits review system, so the bridging visa that carried you through the AAT stage does not simply roll over.
The same page adds a procedural point worth noting: if you have applied for judicial review, you can only apply for a bridging visa by webform. Your BVC also has to be applied for and granted while you are in Australia, and the Department lists the visa as free.
Who can apply for a BVC while judicial review is pending?
The Department's eligibility criteria for the subclass say you must have made a valid substantive visa application that has not been finally determined, or you must have made an application for judicial review of a decision relating to your substantive visa application within the prescribed timeframe, the judicial review proceedings have not been completed, and you previously held a BVC in relation to that substantive visa application. The other published criteria are:
- You must not hold a Bridging visa E (BVE), and must not have held one since you last held a substantive visa.
- You must not have held a substantive visa when you lodged the substantive visa application.
- You must be in Australia when you apply, and when the visa is granted.
- You must meet the character requirement, and there is no age limit for this visa.
All criteria are set out in Schedule 2 of the Migration Regulations 1994. Departmental policy material describes the prescribed timeframe for filing judicial review as 35 days from the refusal decision, but time limits in this area change and depend on the court, so treat that figure as something to confirm against the Department's current published guidance rather than a fixed number you can rely on.
How long does the visa last, and when does the clock start?
For BVCs granted on or after 19 November 2016, the Department's page sets 28 calendar days — not 35 — after a judicial review body upholds the decision to refuse your substantive visa application, or after you withdraw a related judicial review application. The 35-day period applies to the refusal decision, the AAT decision, an invalidity determination, or withdrawal of the substantive application or AAT review.
A BVC also ends immediately in four situations listed on the page: you leave Australia while it is in effect, you are granted the substantive visa you applied for, you are granted another bridging visa in relation to the same substantive visa application, or the Department cancels either your BVC or the substantive visa you held when the BVC was granted. The Department's guidance is to check exactly how long you can stay using VEVO once you have been notified of an outcome.
Can I work on a BVC granted for judicial review?
This is where judicial review differs sharply from the earlier stages. The Department's page splits applicants into three groups, and only one of them has a realistic path to work rights.
| Your situation | Work permission on a BVC granted for judicial review |
|---|---|
| Protection visa applicant | A new BVC allowing work can only be granted if the last BVC you held allowed you to work |
| SkillSelect visa applicant (for example subclasses 189, 190, 489 or 491) | The visa will not initially allow you to work; you need a further BVC application and must demonstrate financial hardship |
| Anyone else | You will only be granted a new BVC that does not allow you to work, even if your last BVC allowed you to work |
The financial hardship route is the same test applied outside judicial review: the Department says it will assess your circumstances against your claim that you need to work, and if you do not meet the requirements but are still eligible for a BVC, you receive a new BVC carrying the same work prevention or restriction condition as your previous one. Assume a scenario where a skilled visa applicant held a work-enabled BVC through the AAT stage and then files for judicial review: the new BVC does not initially allow work, and work rights would depend on a further application supported by evidence of financial hardship.
Can I travel overseas while the BVC is in effect?
No, not on this visa. The Department states that a BVC does not support return travel, that an in-effect BVC ceases upon departure from Australia, and that the Department cannot grant you a Bridging visa B (BVB) that lets you travel and return while your substantive visa application is being processed. If you leave without another visa that permits return, you would need to apply for and be granted a substantive visa before coming back, and the page notes there is no guarantee a visa will be granted.
Can my family be included?
Yes, with conditions. If you apply separately for a BVC, you can include members of the family unit in your application if they are included in your substantive visa application. The Department assesses each family member's application and decides which bridging visa they can be granted, and everyone included must be in Australia when the application is submitted and granted. If you applied together earlier, the page suggests checking in VEVO whether family members already hold a BVC.
What if I miss the window or do not qualify?
The published criteria leave little room: if you have not previously held a BVC in relation to that substantive visa application, or you have held a BVE since your last substantive visa, the subclass 030 pathway is closed to you, and the Department's policy guidance (PAM3) indicates that applicants seeking an extension of time to file for judicial review, and applicants pursuing ministerial intervention after the tribunal upholds the refusal, may be referred to Status Resolution and considered for a Bridging visa E rather than a BVC. Because there is no way to extend a BVC — the page says you cannot stay longer by extending it, you must apply for a new visa — the practical risk of waiting is becoming unlawful while your judicial review is still on foot.
A BVC also does not help outside this process at all: the page states you cannot use a bridging visa while waiting for a citizenship application to be decided.
Frequently Asked Questions
Is a bridging visa granted automatically when I start judicial review?
No. The Department of Home Affairs lists applying for judicial review as one of the situations where a separate BVC application may be necessary, because the judicial review period is not covered by the bridging visa attached to your original substantive visa application.
How do I apply for a BVC if I have applied for judicial review?
By webform only. The Department's BVC page states that if you have applied for judicial review, you can only apply for a bridging visa by webform, and you must be in Australia both when you apply and when it is granted.
How long do I have after the AAT upholds the refusal?
For a BVC granted on or after 19 November 2016, the Department's page says it ceases 35 calendar days after the AAT decision relating to your associated substantive visa application. Treat that as the window for getting a judicial review BVC application in, not as a grace period to think about it.
What happens when the judicial review itself finishes?
The published rule is 28 calendar days. A BVC granted on or after 19 November 2016 ceases 28 calendar days after a judicial review body upholds the refusal decision, or 28 days after you withdraw the related judicial review application.
Can I keep working if my old BVC let me work?
Usually not. The Department states that if you are not a Protection or SkillSelect visa applicant and you apply for a BVC for judicial review, you will only be granted a new BVC that does not allow work, even if your last BVC did.
Does a BVC let me travel and come back?
No. The BVC does not support return travel, it ceases if you leave Australia while it is in effect, and the Department says it cannot grant you a BVB to travel and return while your substantive visa application is being processed.
Is there a fee for this bridging visa?
The Department lists the cost of a Bridging visa C as free. The visa is also digitally linked to your passport, so you will not receive a label.