The writer Jason ZHANG, 's pseudonym is not far away, NewStars Melbourne branch gold medal study abroad immigration consultant
After submitting a visa application, you may be thinking about one question: what if you refuse to do so? You have to appeal? Could you resubmit your visa right away? If you have questions like this, whether you are DIY, yourself or ask an agent for help, you need to know the Section 48 section of the Immigration Act.
What is Section 48
Section48 is the 48th section of the Immigration Act Migration Act 1958, which is very important for visa applicants in China. It directly determines whether you are eligible to apply for a visa further after you have been refused or cancelled.
The main contents of Section48 can be summarized as follows:
1. If you have delivered a visa in Australia and then refused to sign it, there is no substantial visa on the back of the visa (note: the visa, the student's signature,485, etc. are called a substantive visa, and the bridge is not a substantial visa), then in addition to a special visa, You will not be eligible to further apply for any other visa in Australia;
Second, if you hold a visa in Australia and your visa is cancelled by the Immigration Service one day, then you will not be eligible to apply for any further visa in Australia except for the special visa.
Interested readers can download it here at the original text of the Immigration Law: https://www.legislation.gov.au/Details/C2017C00384/Download
The Section48 clause was originally designed to prevent people from applying for visas in Australia for long periods of time. Specific visas that are not subject to this Section 48 include: spouse visa, refugee visa, child immigration visa and so on.
Generally speaking, when a visa is refused, it is still possible to apply for any qualified visa as long as there is a substantial visa on hand; When the visa is rejected, however, if the substantive visa on hand has expired, humanitarian-related visas such as spouse or refugee visas can only be applied.
Here is a question-and-answer approach to help you understand the practical significance of the Section48 clause.
Question 1: I handed over my 485 visa on December 1, 2017. I was refused a visa on January 18, 2018 because I didn't do AFP. My student's signature expires on March 15. Can I send it again now?
A: yes. There is also a substantial visa on hand, not affected by the Section48, can be delivered again.
Question 2: I handed over my 485 visa on December 1, 2017. I was refused a visa on January 18, 2018 because I didn't do AFP. My student visa expired on December 31, 2017. Can I send it again now?
A: no. Because they no longer have a substantive visa on hand and have been rejected, they are not eligible to reapply for visas such as 485s or student visas, subject to Section 48. If you want to stay in the country, it will take a while to appeal to AAT within 21 days of the refusal.
Question 3: I handed over my 485visa on December 1, 2017. I was refused a visa on January 18, 2018 because I didn't do AFP. My student visa expired on December 31, 2017. So I applied for AAT to appeal and continue to hold Bridge A visa. If I get the PTE four 79 during the appeal, and I get the 189 EOI invitation, can I submit the 189 visa during the appeal?
A: no. Since there is no substantive visa on hand (Bridge A during the appeal is not a substantive visa) and has been rejected, it is affected by the Section 48 clause and is not eligible to apply for a 189 visa within the territory. This situation can only leave the country and apply for 189 visa abroad.
Question 4: I handed over my 485visa on December 1, 2017. I was refused a visa on January 18, 2018 because I didn't do AFP. My student visa expired on December 31, 2017. Can I leave the country first and then apply for 485 or other visa abroad?
A: yes. Applying for a visa abroad is not affected by the Section48. For example, it is OK to apply for a student visa or a travel visa (of course, whether you can sign or not, depending on whether the requirements are met). However, it is not possible to apply for 485 abroad (because the person must be present at the time of submission of 485 signature).
Question 5: I delivered a 485 visa on December 1,2017, because I didn't do the AFP and was rejected on January 18,2018. My student sign has expired on December 31,2017. I am recently married. The spouse is PR. Can I apply for a spouse sign?
A: Yes. Although the visa is rejected and there is no substantive visa, the spouse may still apply for eligibility and will not be subject to any impact. However, due to the absence of a substantial visa on the hand, the application for a spouse's signature would have a bridge C and the bridge C could not work and could not leave the country.
Question 6: I found out today (January 18, 2018) that my student visa expired on December 31, 2017. I didn't refuse to sign it before. Can I renew my student visa?
A: yes. Within 28 days of the expiration of a student's visa, although a de facto black citizen, they are still eligible to apply for a student's visa. (note: this question has nothing to do with Section 48)
Question 7: I found out today (January 18, 2018) that my student visa expired on December 31, 2017. And I sent a travel visa in November 2017 but was rejected on November 31, 2017. Now, can I renew my student signature?
A: no. This situation will also be affected by the Section48, not eligible to apply for student signature.
Q8: I got the 189th EOI invitation last night, but today my student visa has just been cancelled by the Immigration Board. Can I still apply for the 189visa in China?
A: no. Visa has been cancelled, subject to the Section48 terms and conditions, are not eligible to apply for 189 visa. You can only leave the country for an 189 visa.
Question 9: I submitted my 189PR application immediately after I received an invitation from EOI 189 last night. My student visa expires on December 31, 2018. Excuse me, if I do not pay the tuition fees caused the student to sign by the Immigration Service cancel, my 189 PR can still sign in the country?
A: yes. Section 48 only limits the eligibility to submit a visa within the country. If the visa has been submitted, it will not affect the issuance of the visa. However, it is important to note that once a student's visa is cancelled, it will immediately become a visa-free unlawful non-citizen (commonly known as black people). Although it will not affect the signing of the PR, it will affect the length of residence for naturalization. All residence hours prior to the next visa are null and void.
Through the above questions and answers, I believe we have a certain understanding of the Section48 terms. Visa is no small matter, once rejected, there is no valid substantive visa on hand, except for appeal, most likely only return home. Therefore, it is very important to find a reliable intermediary to apply for visas.
