Are you affected by S48 of the Migrati0n Act? To answer that question we have to know what s48 is and how it operates?
MIGRATION ACT 1958 – SECT 48
Non-citizen refused a visa or whose visa cancelled may only apply for particular visas
(1) A non-citizen in the migration zone who:
(a) does not hold a substantive visa; and
(b) after last entering Australia:
(i) was refused a visa, other than a refusal of a bridging visa or a refusal under section 501, 501A or 501B, for which the non-citizen had applied (whether or not the application has been finally determined); or
(ii) held a visa that was cancelled under section 109 (incorrect information), 116 (general power to cancel), 133A (Minister’s personal powers to cancel visas on section 109 grounds), 133C (Minister’s personal powers to cancel visas on section 116 grounds), 134 (business visas), 137J (student visas) or 137Q (regional sponsored employment visas);
may, subject to the regulations, apply for a visa of a class prescribed for the purposes of this section or have an application for such a visa made on his or her behalf, but not for a visa of any other class.
(1A) A non-citizen in the migration zone who:
(a) does not hold a substantive visa; and
(b) after last entering Australia, was refused a visa (other than a refusal of a bridging visa or a refusal undersection 501, 501A or 501B) for which an application had been made on the non-citizen’s behalf, whether or not:
(i) the application has been finally determined; or
(ii) the non-citizen knew about, or understood the nature of, the application due to any mental impairment; or
(iii) the non-citizen knew about, or understood the nature of, the application due to the fact that the non-citizen was, at the time the application was made, a minor;
may, subject to the regulations, apply for a visa of a class prescribed for the purposes of this section or have an application for such a visa made on his or her behalf, but not for a visa of any other class.
(2) For the purposes of this section (which applies only in respect of applications made while a non-citizen is in the migration zone), a non-citizen who:
(a) has been removed from the migration zone under section 198; and
(b) is again in the migration zone as a result of travel to Australia that is covered by paragraph 42(2A)(d) or (e);
is taken to have been continuously in the migration zone despite the removal referred to in paragraph (a).
Note: Paragraphs 42(2A)(d) and (e) cover limited situations where people are returned to Australia despite their removal under section 198.
(3) For the purposes of this section (which applies only in respect of applications made while a non-citizen is in the migration zone), a non-citizen who, while holding a bridging visa, leaves and re-enters the migration zone is taken to have been continuously in the migration zone despite that travel.
(4) In paragraphs (1)(b) and (1A)(b):
(a) a reference to an application for a visa made by or on behalf of a non-citizen includes a reference to an application for a visa that is taken to have been made by the non-citizen by the operation of this Act or a regulation; and
(b) a reference to the cancellation of a visa includes a reference to the cancellation of a visa for which an application is taken to have been made by the operation of this Act or a regulation.
It is clear that S48 only applies to onshore applications. But it is very important to read about S48 (3) below.
Basically then S48 (1) says if you have had a visa application refused onshore or you have had a visa cancelled onshore you can only make a very limited number of other visa applications onshore. Such as –
Partner (Temporary) (Class UK); Partner (Residence) (Class BS); Protection (Class XA); Medical Treatment (Visitor) (Class UB); Territorial Asylum (Residence) (Class BE); Border (Temporary) (Class TA); Special Category (Temporary) (Class TY); Bridging A/B/C/D/E/F/R; Resolution of Status (Temporary) (Class UH); Resolution of Status (Class CD); Child (Residence) (Class BT).
So it shows how difficult it is to make any application once Section 48 (1) applies to you.
Now moving on to Section 48 (3) it is a provision that is designed to stop people who have a Section 48 (1) onshore application bar from getting a Bridging Visa B and departing Australia temporarily, lodging an application while offshore and then immediately returning. As you can see above it says that such an applicant is taken to have been continuously in the migration zone despite that travel. Such an application will be returned as invalid.
It is possible to depart on a BVB but you must remain offshore until a decision is made on the application.
Hope this article makes it easier for you to understand this complex process and if you think you are in this situation it is always good to take Professional Advice.
Robinder Singh
RMA: 1573959