Applicants with Section 48 imposed on them can now heave a sigh of relief. The Federal Government of Australia has amended the legislation to permit Section 48 barred applicants to apply for specific Australian visas onshore. From 13 November 2021 onwards, these applicants can apply for Visa Subclass 190, 491, and visa 494.
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According to Section 48 of the Migration Act of Australia, any applicant who has a record of refusal or cancellation of a visa while being physically present in Australia cannot make another onshore visa application. In that case, applicants need to go outside Australia and then lodge the application.
However, after the Australian Government imposed COVID-19 restrictions on international travel, many immigrants lost the opportunity to apply for visas despite receiving invitations. It happened due to Section 48 enforcement. As a result, only permanent residents and citizens could return from overseas.
Some visa applications do not fall under the Section 48 bar. For example, applicants are allowed to make onshore applications for Protection Visa, Special Category Visa, Partner Visa 820 and 801, Child (Residence) Visa and all Bridging Visas.
But, this decision by the Federal Government has marked a new beginning in the history of Australian immigration. For the first time, applicants can apply for Visa Subclasse 491, 190, and 494. For further information and updates, you can always get in touch with Migration Expert at ISA Migrations & Education Consultants.