Student Visa Refused: Can You Apply for Another Visa While ART Review Is Pending?
Updated September 2026. A common question after an onshore Student Visa refusal is whether the applicant can simply lodge another Student Visa while an Administrative Review Tribunal (ART) review is pending. In many cases, the answer is not while the person remains in Australia, because section 48 of the Migration Act can restrict further onshore visa applications after a refusal.
The exact answer depends on whether section 48 applies, whether you hold a substantive visa, your immigration history and the visa class you now want to apply for.
For case-specific advice, see our ART Appeals service and Section 48 Bar service.
What is the section 48 bar?
Section 48 can apply to a person in the migration zone who does not hold a substantive visa and who, since last entering Australia, has had a visa application refused or a visa cancelled. Where it applies, the person can only make a valid application in Australia for visa classes prescribed by the Migration Regulations.
Is another Student Visa a prescribed section 48 visa?
The current list in regulation 2.12 includes specified classes such as Partner visas, Protection visas, certain bridging visas, Child visas, Skilled Nominated Subclass 190, Skilled Work Regional Subclass 491 and Skilled Employer Sponsored Regional Subclass 494. A Student Visa is not one of the general prescribed classes in that list.
Accordingly, a person subject to section 48 generally cannot solve an onshore Student Visa refusal by lodging another Student Visa in Australia.
Does lodging an ART review remove section 48?
No. A valid ART review may affect your lawful status and bridging visa position, but it does not by itself erase the original refusal or switch off section 48. The review challenges the refusal decision; it is not a fresh Student Visa application.
Can you apply for another type of visa?
Possibly. The answer depends on whether the desired visa is in the prescribed section 48 list and whether you satisfy that visa’s separate application requirements.
For example, the fact that Partner visas are prescribed does not mean every refused student automatically qualifies for a Partner Visa. Relationship, sponsorship, location, Schedule 3 and other criteria can still be critical.
What if you still hold a substantive visa?
Section 48 is framed around a person who does not hold a substantive visa. Timing therefore matters. Some applicants receive a refusal while another substantive visa remains in effect; others are already relying on a Bridging Visa when the refusal occurs.
Check VEVO and the actual visa history before assuming the bar applies.
Can you leave Australia and apply offshore?
Section 48 restricts applications made while the person is in the migration zone. An offshore application may be legally possible for some visa classes, but leaving Australia can create separate issues: a Bridging Visa A or C generally does not permit return, ART proceedings may continue while you are offshore, and the new visa may have its own location and grant requirements.
Do not leave Australia merely to “get around” section 48 without understanding the travel and review consequences.
What about a Bridging Visa B?
If travel is being considered during an ART review, a Bridging Visa B may be required to depart and return while relying on a bridging visa. A BVB application is a separate decision and travel should not be booked on the assumption it will be granted.
What should you do after an onshore Student Visa refusal?
- Read the decision letter and identify any ART review right and deadline.
- Check whether section 48 applies to you.
- Check your current visa and bridging visa conditions.
- Assess the strength of the ART case before assuming a new application is better.
- Identify any genuinely available prescribed visa options.
- Get advice before travelling offshore or withdrawing an ART review.
Official law
Section 48 is contained in the Migration Act 1958. The visa classes currently prescribed for section 48 are listed in regulation 2.12 of the Migration Regulations 1994.
Need advice on ART versus another visa pathway?
Emigrate Lawyers can review the refusal, section 48 position, bridging visa status and any alternative visa pathway. Book a consultation before a review or visa deadline expires.
This article is general information only and is not legal advice. Section 48 is technical and the outcome depends on the complete visa history.
- Related Insights:
- Can an International Student Apply for a Protection Visa in Australia?
- Student Visa Refusal: Bank Deposits, Family Funds and Loans
- How to Apply PR After Student Visa in Australia
- Preventing Student Visa Cancellation in Australia
Madhab Kharel
Principal Lawyer & Director, Emigrate Lawyers
Madhab Kharel is the Principal Lawyer and Director of Emigrate Lawyers, an Australian law firm assisting clients across Australia and internationally. His migration law practice includes Partner Visas, Protection Visas, visa refusals and cancellations, Administrative Review Tribunal matters, health and character issues, Schedule 3, Section 48, sponsorship limitations and employer-sponsored migration. He regularly advises clients with complex immigration histories and matters requiring detailed legal submissions and evidence strategy.
Reviewed by Madhab Kharel, Principal Lawyer
Date reviewed: 21 September 2026
