Do I Need a New Bridging Visa A After My Case Goes to the AAT or Federal Court? (2026)
Not always, and the dividing line is clearer than most people expect. Moving from a refusal to merits review at the Administrative Appeals Tribunal (AAT) does not by itself require a fresh Bridging visa A (BVA) (Subclass 010) — your existing BVA generally keeps you lawful while the review is running. Moving into judicial review, including in the Federal Court, is different: the Australian Department of Home Affairs states on its official Bridging visa A (BVA) (Subclass 010) page that if a merits review tribunal upholds a refusal and you apply for judicial review, you will need to apply for a bridging visa to maintain your lawful status, and that once you have applied for judicial review the only way to apply is by webform. The points below follow that official page, checked as at August 2026, together with Subclass 010 of the Migration Regulations 1994. They are general information only, not advice tailored to your circumstances — your own conditions and deadlines should be confirmed against the official pages or with a registered migration agent or legal practitioner.
When does a separate BVA application become necessary?
Most bridging visas are applied for automatically as part of a substantive visa application, so the first question is usually whether one already exists. The Department's official page lists four situations in which a separate BVA application may be necessary:
- your substantive visa application did not also constitute an application for a BVA
- you were granted a BVA or a Bridging visa B (BVB) but it has ceased, and you meet the requirements for another BVA
- you are seeking a further BVA without work restrictions
- you have applied for judicial review
The first three are about gaps in paperwork, expired bridging visas, or work rights. The fourth is about a change in the legal character of your case, and it is the one that catches people out.
What happens to my existing BVA while the AAT is reviewing my case?
While the AAT is still considering the matter, the BVA you already hold is what keeps you lawful — the official page describes the visa as allowing you to stay lawfully until your substantive visa application is finally determined, or, if granted in association with judicial proceedings, until those proceedings are complete.
What matters is the outcome date. For a BVA granted on or after 19 November 2016, the visa ceases 35 calendar days after a refusal decision or an AAT decision on the associated substantive visa application, after a determination that the substantive or AAT review application is invalid, or after you withdraw the substantive or AAT review application. For a BVA granted before 19 November 2016, the general period is 28 days after notification of the relevant outcome.
That window is what makes planning possible: if you intend to seek judicial review, the new bridging visa application has to be made inside it, not after it.
Do I need a new BVA once my case goes to judicial review?
Yes, in practice. The Department's official page is direct on this point: where a merits review tribunal upholds the refusal and you apply for judicial review, you need to apply for a bridging visa to remain lawful during the proceedings. Separately, "you have applied for judicial review" is itself listed as a ground for needing a separate BVA application.
Clause 010.211(3) of the Migration Regulations 1994 sets out the shape of that pathway: a valid substantive visa application made in Australia that can be granted while you are here, a refusal, an application for judicial review within the statutory time limit, a BVA or BVB held at the relevant time, and proceedings that have not finished. Time limits and current wording in the Regulations should be confirmed against the official sources, since they can change.
One practical consequence of that structure: holding a BVA or BVB when judicial review is sought is part of the criteria, so letting your current bridging visa lapse before you file can close off the pathway rather than simply delay it.
Why is the webform the only channel?
The official page sets the lodging rule by how you reached this point. If you applied for your substantive visa through ImmiAccount, your BVA is normally applied for through ImmiAccount. But if you have applied for a review of a decision on your substantive visa application — merits review or judicial review — you must complete and submit BVA application Form 1005 by webform. ImmiAccount is not an available route in that situation.
Two further conditions apply. You, and anyone included in the application, must be in Australia both when the application is submitted and when it is decided. And because a webform submission cannot be topped up later, all documents must be attached before you submit; the official page notes that you cannot attach extra documents afterwards. Identity documents the page asks for include colour copies of your current passport pages showing photo, personal details and issue and expiry dates.
There is no visa application charge for this subclass — the official page lists the cost as free. The Department also states that it does not give updates on processing times, which is why the page advises applying early enough to leave time for the bridging visa to be processed.
Can I get work rights on a BVA granted for judicial review?
Usually not, if you are already restricted. The official page says you cannot be granted a new BVA that lets you work if your current BVA prevents or restricts you from working in Australia and either your current BVA was granted because you applied for judicial review of the decision on your substantive visa application, or you have applied for a protection visa.
In other situations, a BVA that does not permit work can be replaced with one that does, but you will usually have to demonstrate financial hardship, and the Department assesses that claim. If you do not meet the work requirement but are still eligible for a BVA, you will be granted a new BVA carrying the same work prevention or restriction condition as before. Conditions carried over from a previous BVA or BVB are also the general rule under clause 010.611 of the Regulations.
How long does the new BVA last, and when does it stop?
A BVA is a temporary visa whose end is tied to events rather than to a fixed stay period. The official page lists these as the outcomes that determine when it ceases: the substantive visa application is refused, the merits or judicial review is decided, you withdraw the substantive, merits review or judicial review application, or a merits review tribunal tells you it has no jurisdiction.
For BVAs granted on or after 19 November 2016, the specific periods are:
| Event | When the BVA ceases |
|---|---|
| Department refusal or AAT decision on the associated substantive visa application | 35 calendar days after |
| Determination that the substantive or AAT review application is invalid | 35 calendar days after |
| Withdrawal of the substantive visa or AAT review application | 35 calendar days after |
| A judicial review body upholds the refusal of the substantive visa application | 28 calendar days after |
| Withdrawal of a related judicial review application | 28 calendar days after |
You cannot extend a BVA; the official page says you must apply for a new visa if you wish to stay longer. After an outcome is notified, exact dates are shown in VEVO, along with your conditions.
What about travel and family members?
A BVA that is in effect ceases the moment you leave Australia, and it does not support return travel. If you need to travel and come back while the substantive application is being processed, you must be granted a BVB before you leave.
Family members can be included if they are part of your substantive visa application. The official page notes that if you apply separately for a BVA, you can include members of the family unit who are included in your substantive application, and each person's application is assessed individually to decide which bridging visa they can be granted.
Frequently Asked Questions
Do I automatically get a new BVA when I lodge an AAT application?
No automatic new visa follows from lodging merits review. Your existing BVA is generally what keeps you lawful while the AAT matter runs, and the clock that matters starts at the AAT decision — for a BVA granted on or after 19 November 2016, it ceases 35 calendar days after that decision.
My AAT review has just failed — how long do I have before my BVA ends?
For a BVA granted on or after 19 November 2016, the visa ceases 35 calendar days after the AAT decision in relation to your associated substantive visa application. Because the exact cessation date is generated from the notification of the outcome, VEVO is the place to read your own deadline.
Can I apply for a judicial review BVA through ImmiAccount?
No. The Department's official page states that if you have applied for a review of a decision on your substantive visa application, you must complete and submit Form 1005 by webform. ImmiAccount is the channel only where the substantive visa was applied for through ImmiAccount and no review is on foot.
Can the new BVA remove a no-work condition?
Not where your current BVA was granted because you applied for judicial review and it prevents or restricts work — the official page rules that out, as it does for protection visa applicants. In other cases a work-permitting BVA is possible, but you will usually need to demonstrate financial hardship.
Is there a fee, and do I need to be in Australia?
The official page lists the cost as free. You and anyone included in the application must be in Australia when the BVA application is submitted and when it is granted.
Can my partner or children be included in the application?
Yes, if they are members of the family unit who are included in your substantive visa application. The Department assesses each family member's application and decides which bridging visa each can be granted, so outcomes can differ between applicants.