S. 48 Bar on Applying for Further Visas Continues even if one Leaves Aust on a Bridging Visa B

Bridging B visa’s can no longer be used to leave Australia to avoid the effect of s. 48 of the Migration Act (the provision which prevents one applying for a visa onshore after an onshore refusal).  In the past one mechanism used for recovering the situation of an onshore refusal was for the person to apply for merit review, obtain a bridging B visa and then return to Australia.  The s, 48 bar did not apply as s. 48 says:

48.      (1)      A non-citizen in the migration zone who:

(a)      does not hold a substantive visa; and

(b)      either:

(i)      after last entering Australia was refused a visa, other than a refusal of a bridging visa or refusal under ss 501, 501A or 501B, for which the non-citizen had applied (whether or not the application has been finally determined); or

(ii)      held a visa that was cancelled under ss. 109 (incorrect information), 116 (general power to cancel), 134 (business visas), 137J(student visas) or 137Q (regional sponsored employment visas);

may, subject to the regulations, apply for a visa of a class prescribed for the purposes of this section, but not for a visa of any other class. [Those visa type are very restricted in number.]

The key words above are ‘after last entering Australia‘. So a Bridging B visa followed by a visit offshore would overcome the s. 48 ban on return to Australia.  But all that now becomes impossible as s. 48 is amended by adding s. 48(3):

(3)        For the purposes of this section (which applies only in respect of applications made while a non‑citizen is in the migration zone), a non‑citizen who, while holding a bridging visa, leaves and re‑enters the migration zone is taken to have been continuously in the migration zone despite that travel.

The above changes are made as part of the amendments made by the Migration Legislation Amendment Act (No 1) 2008,

assented to 15.9.08