AustraliaMy bridging visa expired before my review was decided. Am I now unlawful?
No, you are not automatically unlawful just because your bridging visa expired before your review was decided — if you held a valid bridging visa immediately before the expiry and your review application was made in time, you may still hold a 'statutory bridging visa' under the Migration Act.
What the Law Says
The Migration Act 1958 (Cth) provides that certain applications for review automatically grant a statutory bridging visa — even if your previous bridging visa has expired — as long as you applied for review before it ceased.
Under section 72(1) of the Migration Act 1958, a person who makes a valid application for review of a decision to refuse a visa is taken to hold a bridging visa from the time their previous substantive or bridging visa ceases — provided the review application was made before that cessation.
Section 72(2) confirms that this statutory bridging visa continues until the review is finally determined, withdrawn, or dismissed. It does not lapse due to the expiry of a prior bridging visa if the conditions in section 72(1) are met.
A 'valid application' generally means it was made within the prescribed time limit — usually 28 days after receiving the decision — and meets all formal requirements. In limited cases, the Department may accept a late application up to 7 days after the deadline if there are compelling reasons.
Statutory TextA person who makes a valid application for review … is taken to hold a bridging visa from the time when the person’s last substantive visa or bridging visa ceases.
— Migration Act 1958 (Cth), s. 72(1) — Statutory grant of bridging visa
Statutory TextThe bridging visa … continues until the application for review is finally determined, withdrawn or dismissed.
— Migration Act 1958 (Cth), s. 72(2) — Continuation of statutory bridging visa
What to Do
Check whether your application for review with the Administrative Appeals Tribunal (AAT) was lodged before your previous bridging visa expired — or within 7 days after expiry with compelling reasons.
Contact the Department of Home Affairs to confirm your current visa status using ImmiAccount or by calling 131 881.
If confirmed as holding a statutory Bridging Visa A (BVA), note that it generally does not allow work or study unless separately authorised.
Do not leave Australia — statutory bridging visas are cancelled automatically on departure.
Seek advice from a registered migration agent if you’re unsure about your status or conditions.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.