Limitations You Need To Know Before Submitting A Visa Application in Australia | Section 48 bar & Form 1026i
The Migration Act outlines that only valid visa applications can be considered, detailing specific circumstances that limit the types of applications that can be made in Australia. This article will shortlist the key limitations and conditions under which visa applications may be restricted.
What Happens after you receive a Visa Refusal or Cancellation?
If you do not hold a substantive visa (which includes any visa other than a Bridging visa or a criminal justice visa), the following conditions apply:
Refusal of Visa: If you were refused a visa (other than a Bridging visa) on or after 1 September 1994 since your last entry to Australia.
Illegal Entrant: If you were refused an entry permit and became an illegal entrant before 1 September 1994 and have not left Australia since.
Visa Cancellation: If your visa was cancelled on or after 1 September 1994.
What are the Other Visas Options Under the Above Circumstances?
In these circumstances, you may apply for the following list of visas:
Special Eligibility (residence)
Child (residence)
Partner (temporary): This only applies if any visa you had refused was not a Partner (residence) visa.
Partner (residence): This only applies if any visa you had refused was not a Partner (residence) visa.
Medical treatment (visitor): If you are over 50 and have been refused a residence visa on health grounds.
Territorial asylum (residence)
Border (temporary): This is only for non-citizens to apply for immigration clearance (i.e., before leaving the airport or seaport on arrival in Australia) in general.
Special category (temporary): This is for New Zealand citizens only.
What Happens if You Have a Protection Visa Refusal Previously?
If you have applied for a protection visa (or refugee status) since entering Australia and were refused, you cannot apply for another protection visa while you are still in Australia. There may be an exception if the Minister decides it is in the public interest to allow a further application.
Are there any Limitations for Non-Citizens in Immigration Detention to Make an Application?
For individuals in immigration detention, there are specific time limits for making applications for visas other than protection or Bridging visas:
You must apply within 2 working days of being informed of your detention consequences.
If you notify the Department of your intent to apply within those 2 days, you can apply within the next 5 working days.
What About Applying For Bridging Visas While in Detention?
If you are in detention, you must inform the Department’s detention review officer about your application. You may only apply for a Bridging visa E (BVE) (Subclass 050).
Visa Refusal or Cancellation on Character Grounds
If your visa has been refused or cancelled based on character grounds since your last arrival in Australia, you cannot make additional visa applications except for a Protection visa.
Restrictive Conditions on a Visa
Some visas may have conditions that prevent the holder from being granted any substantive visa (other than a Protection visa) while in Australia. If you have held such a visa, you cannot apply for any other visa besides a Protection or Bridging visa unless there are compassionate and compelling reasons to remove this restriction.
Criminal Justice Entry Visas
If you hold a Criminal Justice Entry visa or remain in Australia after such a visa was cancelled, you can only apply for a Protection visa.
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How Can Agape Henry Crux Help?
If you find yourself in a similar situation where many tell you you will have to leave Australia as you are not eligible to apply for most visas, speak with one of our lawyers at Agape Henry Crux for professional advice and guidance on your visa matter. Our Accredited Specialists in Immigration Law specialise in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing 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.