Do I face Section 48 if I still have a substantial visa when my visa is denied?

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No. For example, if you are currently on a student visa and you applied for a 485 visa, you were rejected because you did not submit your language results on time. Your student visa has not expired when you are refused. At this point, you will not be faced with Section 48 bar. You can still apply for an eligible visa.

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If A visa is denied, do you face Section 48 if you hold a Bridging Visa A (BVA)?

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Yes. Bridging visa is not a substantive visa. At the time of visa denial, your last substantial visa (e.g. student visa, 485 visa, etc.) has expired and you have automatically entered the BVA, at which point you will face Section 48. If you are not satisfied with the refusal, you can appeal to the AAT to get your visa back.

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Does Section 48 restrict the issuance of visas?

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No. For example, while you are holding a student visa, you get the 190 invitation and submit the 190 visa. However, the student visa is cancelled for various reasons (non-payment of tuition fees, or violation of the terms of the student visa, such as working overtime), at which point you are in a unlawful non-citizen status. At this time, there will be Section 48, but it will not affect your 190 visa application. However, it will affect the calculation of subsequent naturalization time, which will be calculated from the next visa application.

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Will submitting a visa abroad be affected by Section 48?

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No. Section 48 does not affect the submission of visas outside the country. If you are denied permission to re-apply for a visa after leaving the country, you will no longer be subject to Section 48 restrictions.

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If the rejection is due to submission of false materials, is Section 48 only accepted?

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Not really. If the applicant is rejected for submitting false documents, the principal and deputy applicant will also be affected by PIC4020 and will not be able to apply for an Australian visa for a period of 3 to 10 years.

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He was denied a visa because of his criminal record

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At this time, the applicant will be affected not only by Section 48, but also by Section 501F, whether holding a bridging visa or a substantial visa, will immediately become invalid and become unlawful non-citizen. It will also be affected by Section 501E, and no visa other than a refugee visa may be applied for. They do not have a bridging visa while waiting for a refugee visa, and can only be repatriated after waiting for a visa to be issued or rejected at a residence center for illegal immigrants.

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If you are facing the impact of Section 48, please scan our service number QR code immediately, or call our contact number directly, and our professional team of lawyers will help you.