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.