Migration Law

Running head: MIGRATION LAW
MIGRATION LAW
Name of the Student:
Name of the University:
Author Note:

1MIGRATION LAW
Scenario 1
File Note of Legal Research
re client issue
FILE NAME:
FILE REFERENCE:
DATE:
AUTHOR:
Section 48 of the Migration Act 1958 provides in the situation where an applicant had got
his visa refused or cancelled in Australia leading to the implication of section 48 bar. This bar
automatically applies to people whose visa had got cancelled or had made an application of visa
that has been refused. In this situations, the bar of section 48 remains with such person as long as
he stays in Australia. The limitation of section 48 was created in order to prevent people from
making several visa applications repetitively.
The bar of section 48 applies to the person when he is in Australia, not holding any
substantive visa and his application for substantive visa has been refused or cancelled. Once
section 48 becomes applicable, one is barred from applying for another substantive visa as long
as he continues staying in the country.
The bar of section 48 does not apply when the visa application is being refused on failure
to comply with the valid application criteria like correct visa application charge is not paid. It

2MIGRATION LAW
does not apply when one is holding a substantive visa. Substantive visa is any visa other than
criminal justice visa, enforcement visa or bridging visa. The criminal justice visa or the
enforcement visa are the visas that are granted to individuals when they are suspected of
committing a crime. These are given when such individual to be arrested and taken into custody
or they are awaiting trial in the country. Bridging visas are common type of visas they allow an
individual to remain in Australia after he has applied for the substantive kind of visa while the
government processes the visa application. The substantive visa is any regular visa that
comprises of tourist visa, partner visa, working visa and student visa.
In the given situation of Yan Ming, section 48 of the act apples as she was not holding a
substantive visa and her application for 482 visa was refused. Since she was holding a bridging
class A visa, she can apply for partner visa as her partner was an permanent Australian Citizen
and was ready to sponsor him. Now if 8503 condition is applicable to Yan, that is has a ‘no
further stay’ condition imposed on it they she can not apply for a substantive visa except for a
protection visa. It is even available even if the visa which had the condition does not exist
anymore.
Scenario 2
Aged Parent (Residence) (Class BP) is a similar type of visa like Parent Sub class
103 visa and is suitable for applicants who are eligible for the Australia age pension
(Immi.homeaffairs.gov.au, 2019). With this visa, one can stay in Australia permanently as a
resident and also apply for Australian citizenship. One can also sponsor eligible family members
to come to stay and stay in Australia. The main criteria for this type of visa are as follows.