Section 48 Bar, PIC 4013 and PIC 4014 - Everything You Need To Know
Suppose you have had a visa refused or cancelled in Australia. In that case, Section 48 of the Migration Act 1958 imposes significant restrictions on your ability to apply for most other Australian visas while you remain in the country. Here’s what you need to know.
What is section 48 bar?
Section 48 bar states that a non-citizen in the migration zone who:
Does not hold a substantive visa; and
Either has:
Had a visa refusal (excluding certain types of visas, such as bridging visas or specific refusals under sections 501, 501A, or 501B), or
A visa cancelled under specific sections (e.g., incorrect information, general cancellation powers, business, student, or sponsored employment (regional) visas) may apply for a visa only if it falls within the classes prescribed by the Migration Regulations 1994.
What Visas are the exemptions under Section 48?
The following visa subclasses are exempted from Section 48:
Is there any common misunderstanding to go around the section 48 bar?
Misconceptions About Bridging Visas
Some believe they can circumvent Section 48 by applying for a Bridging Visa Class B, temporarily leaving Australia, and then reapplying upon return. However, under Section 48(3), leaving and re-entering Australia while on a bridging visa does not reset your status; you are still considered to have been continuously in Australia.
Hold A Substantive Visa
Section 48 only applies if you do not hold a substantive visa. A non-substantive visa are listed below:
Criminal justice visas
Enforcement visas
If you submit a visa application while holding a substantive visa, it will be refused. However, you can still apply for another visa if you continue to hold a valid one.
if I’m Barred by section 48, What are the next steps?
Unfortunately, you cannot apply for a waiver under Section 48. If you find yourself in this situation, seek professional assistance immediately.
If it sounds like you are barred by Section 48, you decide to leave Australia and apply for a subsequent offshore visa. Please be aware that you may be banned from re-entering Australia due to Public Interest Criterion (PIC) 4013 and/or PIC 4014.
Public Interest Criterion (PIC) 4013 and PIC 4014 - How Does it Affect You?
PIC 4013: Individuals whose visas have been cancelled previously are subject to a three (3) year exclusion period that begins on the date of the visa cancellation.
PIC 4014: If individuals leave Australia as an unlawful non-citizen or hold a Bridging Visa C, D, or E after a specified timeframe, you may be subject to PIC 4014. The individual will face a 3-year re-entry ban on returning to Australia. The ban starts from the date of their departure from Australia.
Are there Waivers for PIC 4013 and PIC 4014?
It is common to be affected by PIC 4013 and 4014 simultaneously. You may apply for a waiver of PIC 4013 and/or PIC 4014 if you demonstrate compelling or compassionate circumstances. You must provide detailed submissions and supporting evidence to justify the waiver request. If you are affected by both PIC 4013 and 4014, you will need to seek two waivers.
If I’m Affected by PIC 4013 & PIC4014, Can I Apply for Other Visas?
If you have had a visa cancelled or left Australia unlawfully, you may still be eligible for certain visas that do not require compliance with PIC 4013 or PIC 4014. Notably, these visas include:
How Can Agape Henry Crux Help
If you have any queries about how your visa might be affected by either Section 48 bar, PIC 4013 OR PIC 4014 and are unsure of what steps to take, contact our Accredited Specialist Immigration Lawyer(s) and our team of immigration lawyers and migration agents at Agape Henry Crux. We specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.