[Fahad86]

Hi,

My question is, are there any differences between section 48 and section 48a. As i applied for protection visa and it was refused and then i applied for the review with AAT (still going on), so i'm barred under section 48a to make another protection visa application. But the thing is can i still make an application for other types of permanent visa like 189 0r 190? As i'm barred under Section 48A not the section 48 which bars you to make any other application except partner and range of bridging and humanitarian visas.
I have been asking this question to many lawyers and agents but none were able to answer as I presume they do not have any idea about the difference between S48A & S48.

Quick response will be highly appreciated.
Thank you
Regards
Fahad

 

[ausharrold]

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:


MIGRATION ACT 1958 - SECT 48A

No further applications for protection visa after refusal or cancellation
(1) Subject to section 48B, a non-citizen who, while in the migration zone, has made:

(a) an application for a protection visa, where the grant of the visa has been refused (whether or not the application has been finally determined); or

(b) applications for protection visas, where the grants of the visas have been refused (whether or not the applications have been finally determined);

may not make a further application for a protection visa, or have a further application for a protection visa made on his or her behalf, while the non-citizen is in the migration zone.

 

[CCMS]

Section 48A only prevents you from making further protection visa applications in Australia. However, you will find that for most onshore visa applications you must hold some sort of qualifying visa and that in most case a BVE will not be a qualifying visa. In the case of an onshore partner visa application, there will be schedule 3 requirements to consider.

 

[Fahad86]

Hi thanks for your reply much appreciated but still the question is unanswered, is there a difference between "SECTION 48 AND SECTION 48 A" they are both different, s48 A only applies to protection visa applicants which stops them to make any further "PROTECTION VISA APPLICATION". SO a person who is only effected by s48A can he still make application for non protection visa? and at the moment I'm on bridging visa C. thanks regards

 

[wrussell]

Section 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) either:
(i) after last entering Australia was refused a visa, other than a
refusal of a bridging visa or 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), 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, but not for a visa of any other class.
Thus, a person can apply again for one of the following visa classes, but not for a visa of any other class:


Territorial Asylum (Residence) (Class BE);

Border (Temporary) (Class TA);

Special Category (Temporary) (Class TY);

Bridging A (Class WA); Bridging B (Class WB); Bridging C (Class WC); Bridging D (Class
WD); Bridging E (Class WE); Bridging F (Class WF); and Bridging R (Class WR);

Resolution of Status (Temporary) (Class UH);

Resolution of Status (Residence) (Class BL);

Child (Residence) (Class BT);

Return Pending (Temporary) (Class VA).

Section 48A of the Act specifies that non-citizens who were refused a protection visa
may not make further application for protection visa.
Thus, a non-citizen who, while in the migration zone, has made one or more
applications for a protection visa and the grant of the visa has been refused may not
make a further application for a protection visa while in the migration zone. This means that the person has to leave Australia and apply for a protection visa from overseas.
Moreover, a non-citizen in the migration zone who held a protection visa that was
cancelled may not make a further application for a protection visa while in the
migration zone. However, Section 48B specifies that a Minister may by determine that section 48A does not apply to prevent an application for a protection visa made by the non-citizen when s/he thinks it is in the public interest to do so.
Notwithstanding, s 48 does not apply if you still have a valid substantive visa after your visa is refused or cancelled in which case, you may still apply for another visa under certain circumstances.