Common mistake: "My DIY client's onshore substantive visa application was refused, after which they missed the AAT deadline, overstayed their BVA and have become unlawful. As that client wants to remain in Australia, I will make an AAT application on their behalf arguing that such an application is not late, based on DFQ17. That will then enable a BVE application on the basis of the pending AAT application". That is incorrect.
Firstly, it is not possible to apply for a BVE on the basis of an application for merits review of a refused visa application. A BVE can only be granted on the basis of a Tribunal application if that application concerns the cancellation of a visa or the non-revocation of a cancellation.
Can the BVE nevertheless be granted on another basis? Yes. But, interestingly, one of those other basis, if established, would justify the re-instatement of the BVA, which is more beneficial than a BVE, as we discuss below. In that case, it might not make sense to apply for a BVE in the first place.
The remainder of this article is only available to Premium and Platinum subscribers.
Read our Terms & Conditions and upgrade below:
Where GST applies, the above amounts are inclusive of GST.
Basic Content includes basic news, some media articles and selected announcements.
Premium Content includes all our content, except for Case Law Content. In other words, it includes Basic Content, plus all our articles on legislative and policy changes, industry updates and the Migration Legislation Tracker.
Case Law Content includes Basic Content, plus case law summaries, analysis and extract, but does not include Premium Content.
Platinum Content includes Basic Content, plus Premium Content, plus Case Law Content. In other words, it includes ALL our content.
If you already have a Premium or Platinum subscription, click on 'Login' below.