If your visa application to stay in Australia has been refused, or an existing visa has been cancelled, you may be eligible to lodge an appeal with the Administrative Appeals Tribunal (AAT) for a merits review of the decision.
The appeal must be submitted within 21 calendar days from the date you receive the refusal or cancellation notice.
You are only eligible to apply for an AAT merits review if you are physically present in Australia at the time of lodgement.
When you apply for a visa in Australia, you are usually granted a Bridging Visa that remains valid while the Department processes your application.
If you lodge a valid AAT appeal, this bridging visa typically continues to remain in effect throughout the entire review process.
In some cases, applicants may be required to apply for a new Bridging Visa to maintain legal status in Australia during the appeal.
A waiver request is applicable to individuals whose visa carries the 8503 – No Further Stay condition.
This condition prevents the visa holder from lodging any new visa application while remaining in Australia.
If you wish to extend your stay or apply for a new visa without leaving Australia, you must submit a waiver request to the Department of Home Affairs asking them to remove the 8503 condition.
It is strongly recommended to lodge this request before your current visa expires.
If the Department approves the waiver, you may then apply for another visa onshore, without having to leave Australia.
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