What Happens If I Have a Pending ART Review and Want to Apply for a New Visa?

Did you recently receive a visa refusal or a visa cancellation and successfully seek merit review to the Administrative Review Tribunal (ART) within the specific timeframe? Now, while waiting for a decision from the ART, you may be wondering if you can apply for a new visa to get back on track to meet your visa goals. This situation can be complicated as it is typically a case-by-case basis, depending on your immigration history, qualifications and more. Here are some key considerations to keep in mind before applying for a new visa.

Understand Your Situation

You’ve applied to the ART to review a visa application that has been refused or cancelled. This means your case is under assessment by the tribunal, and you have not received a final decision. The ART processing time can be up to a few years, depending on the matter.

What are the Potential Risks of Applying for a New Visa While Waiting for ART Review?

Some key considerations and potential risks you should know before applying for a new visa are:

The type of bridging visa you are currently holding while waiting for your ART review decision. Bridging visas are a temporary and non-substantive visa, which allows you to remain lawfully in Australia until any pending immigration matter is resolved. Note that not all Bridging Visas may be granted for full work rights or travel; if that is the case, you may have to request it. Consult with an immigration lawyer for any visa-related assistance.
If your previous visa was refused or cancelled while you were onshore in Australia, and you do not hold a substantive visa (including a bridging visa), you will be subject to the Section 48 bar. This bar will not allow you to make a valid visa application onshore in Australia, except for a few visas that are exempted. There is no waiver to overcome the Section 48 bar.
If you have been cancelled, you may also be subjected to Public Interest Criterion (PIC) 4013, which may result in a visa ban for 3 years, preventing you from receiving a visa grant.
If you decide to apply for an offshore visa, ensure to check if you are subject to PIC 4014; otherwise, you may also face a re-entry ban for 3 years.
If you are holding a bridging visa and plan to apply for visas that require meeting Schedule 3 requirements, it may result in a visa refusal. Get tailored professional advice on how to overcome Schedule 3 by seeking a waiver.

What are my Next Steps?

It is not a bad idea to be proactive in planning ahead; however, seeking tailored professional advice before taking any steps is recommended. Consider speaking with an experienced lawyer who specialises in complex matters, such as an Accredited Specialist in Immigration Law.

At Agape Henry Crux, we have two (2) Accredited Specialists in Immigration Law: Jason Ling and Angela De Silva.

Jason Ling, principal and founder of the firm, has years of experience managing challenging and complex cases involving character, health, deportation, and detention. He is recognised for providing tailored and inventive strategies for complex and almost impossible visa matters. Jason is passionate about helping his clients achieve their migration goals. Jason has recently been recognised as one of the 2026 edition of *The Best Lawyers in Australia™*.

Angela De Silva is a partner at the firm and a trusted expert in Australian immigration matters. As an Accredited Specialist in Immigration Law for nearly five years and with experience at top-tier global firms, Angela combines strong technical knowledge with strategic insight. She provides tailored immigration solutions for each client, identifying risks early and more. Known for her sharp insights and unwavering dedication to clients, Angela builds strong relationships and passionately advocates for their cases.

How Can Agape Henry Crux Assist

Suppose you are seeking professional assistance in navigating your next visa pathway while your visa is pending at the ART. Our Accredited Specialists in Immigration Law, Immigration Lawyers at Agape Henry Crux, specialise in handling highly complex matters. You can schedule an appointment with one of our solicitors to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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