What is the Section 48 Migration Act?

What is the Section 48 Migration Act?

Section 48 of the Migration Act forces limitations if a visa has been refused or cancelled while in Australia. Substantially, it prevents the applicant from applying for a different visa while in Australia. This process is known as the ‘section 48’ bar and can have severe consequences on the applicant’s ability to settle in Australia legally. However, this bar will not apply to all visa applications. Therefore, it is essential to classify the situations that it will involve.

When Does Section 48 Bar Apply?

Section 48 of the Migration Act applies to the applicant if:

• They are in Australia;

• The substantive visa application has been refused or cancelled; and

• They do not currently hold a substantive visa
If section 48 applies, the applicant will not be able to apply for another substantive visa as long as the applicant remains in Australia. If an applicant were to leave the country, they might be eligible to apply for another visa from outside Australia.

Have you Been Barred? Are You Able to Appeal the Decision?

If the government has cancelled or refused the visa and section 48 applies, an applicant can appeal the decision in the Administrative Appeals Tribunal (AAT).
If the applicant is eligible to attend the AAT, the tribunal can reassess the whole application. They are then able to decide to either agree with, differ, or push the Department’s decision and make a new resolution. The tribunal can also re-submit the decision to the Department of Home Affairs (DOHA) to review the matter with particular directions.

When Section 48 bar will be removed?

In case Tribunal remits the decision to AAT, section 48 bar will be removed once it is revoked by the Department of Home Affairs. In simple words, remitting the application to Department will not automatically removed the section 48 bar. Once the Department approved the application, then only it is removed.

Are you section 48 barred and want to appeal? Feel free to contact us.

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0468 398 392

0468 398 396
Follow us on Instagram: @a2zimmiservices
A2Z website – http://www.a2zimmi.com.au
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