Currently 489 visa holder- student visa refused previously and was sec 48 bar

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Currently 489 visa holder- student visa refused previously and was sec 48 bar


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Old 08-01-2020, 12:08 AM
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Currently 489 visa holder- student visa refused previously and was sec 48 bar

Hi,
Currently I’ve a 489 skilled regional visa, granted on October 2019. Previously my student visa was rejected and was sec48 bar. I applied for AAT and then Federal Circuit Court but at the same time I got my 489 visa.
Does my student visa refusal affect my 887 visa once I fulfilled all other 489 visa requirements?


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Old 08-01-2020, 07:01 AM
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You would only be affected by section 48 if you did not hold a substantive visa at the time you wanted to lodge a new onshore application.

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Old 08-01-2020, 07:17 AM
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Originally Posted by CCMS View Post
You would only be affected by section 48 if you did not hold a substantive visa at the time you wanted to lodge a new onshore application.

So it means my previous student visa refusal doesn’t affect my 887 visa ?

“In DoHA website it’s mentioned applicants whose visa application was refused while they were in Australia might not be eligible for 887


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Old 08-01-2020, 01:11 PM
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I don't know about 489 visa but my wife had a student visa refused in the past and it did not prevented her from getting the PMV 300.

It is less about what visa was refused than WHY it was refused. In our case the Student visa was refused because they were not convinced she was a temporary entrant. Since being a temporary entrant is not a criteria for PMV it was not going to influence it.

So it may depend on why the student visa was refused, for example if they refused it on character grounds that can influence other visas with same character criteria.


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Old 08-01-2020, 02:49 PM
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Originally Posted by allergiac View Post
I don't know about 489 visa but my wife had a student visa refused in the past and it did not prevented her from getting the PMV 300.

It is less about what visa was refused than WHY it was refused. In our case the Student visa was refused because they were not convinced she was a temporary entrant. Since being a temporary entrant is not a criteria for PMV it was not going to influence it.

So it may depend on why the student visa was refused, for example if they refused it on character grounds that can influence other visas with same character criteria.
Thank you for giving such information.


In my case,I was onshore when I applied for another student visa which was canceled on GENUINE TEMPORARY ENTERANT basis. Later, my case was in Federal circuit court for review while I was onshore and before hearing date I got 489 visa (sec 48 bar). I read on DoHA website that if your visa was refused while you’re onshore it will prevent you to apply for some other visas which in my case I’ve to apply for 887(PR) ?


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Old 08-01-2020, 06:11 PM
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This timeline doesn’t sound correct. As Nick said, s48 only effects applicants who do not hold a substantive visa (are holding bridging visas) and prevents you making a valid application for most other visas. If you hold a 489, s48 does not apply.

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Old 08-01-2020, 09:10 PM
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Originally Posted by paulhand View Post
This timeline doesn’t sound correct. As Nick said, s48 only effects applicants who do not hold a substantive visa (are holding bridging visas) and prevents you making a valid application for most other visas. If you hold a 489, s48 does not apply.
Timeline:
Student visa granted 2013
Post graduate working visa (TR) 485 granted 2015
Applied another student visa 2017
Student visa refused 2017
Applied for review of my refusal in 2017
Got 489 nomination on points bases 2019
Got 489 visa 2019 - luckily haven’t got any hearing date of my review so I withdraw my case from Federal circuit court as at that I already got a 489 visa.


S48 bar applied when my student visa was rejected as I was onshore at that time and to apply for any other subclass visa I need to go offshore even if it’s only one day overseas trip.
In my case, when my student visa refusal was in review in Federal Circuit court I was nominated by regional territory on skilled regional visa(489). After nomination because of s48 bar to apply for a visa I’ve to go offshore. I went overseas for ONE week trip applied my 489visa and then back to Australia. Got my 489 visa after a long wait while I was onshore and still waiting for my review hearing date from Federal circuit court.

Now as I already have a 489 visa and I am onshore and in future I have to apply for 887(PR) so I’m worried if my previous student visa refusal affect my 887 visa as in DoHA it’s mentioned it might prevent you but they not explained it in which criteria.


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Old 08-01-2020, 09:22 PM
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Quote:
Originally Posted by Arbab004 View Post
Timeline:
Student visa granted 2013
Post graduate working visa (TR) 485 granted 2015
Applied another student visa 2017
Student visa refused 2017
Applied for review of my refusal in 2017
Got 489 nomination on points bases 2019
Got 489 visa 2019 - luckily havenít got any hearing date of my review so I withdraw my case from Federal circuit court as at that I already got a 489 visa.


S48 bar applied when my student visa was rejected as I was onshore at that time and to apply for any other subclass visa I need to go offshore even if itís only one day overseas trip.
In my case, when my student visa refusal was in review in Federal Circuit court I was nominated by regional territory on skilled regional visa(489). After nomination because of s48 bar to apply for a visa Iíve to go offshore. I went overseas for ONE week trip applied my 489visa and then back to Australia. Got my 489 visa after a long wait while I was onshore and still waiting for my review hearing date from Federal circuit court.

Now as I already have a 489 visa and I am onshore and in future I have to apply for 887(PR) so Iím worried if my previous student visa refusal affect my 887 visa as in DoHA itís mentioned it might prevent you but they not explained it in which criteria.
ďMightĒ is the key word here ... not ďwillĒ

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