Section 48 of the Migration Act 1958 enforces a bar preventing visa applications within Australia after a refusal or cancellation.
It applies unless holding a substantive visa or due to invalid applications. Exceptions include partner, medical, and child visas.
Appeals are possible through the AAT or Federal Court, offering pathways for those affected to challenge decisions or apply for exempted visas, underscoring the importance of understanding legal options in navigating immigration challenges.
Under Section 501 of the Migration Act 1958, visas can be cancelled or applications refused if individuals fail the character test, often due to a substantial criminal record or associations with criminal conduct. This encompasses a broad range of criteria, including past and potential future conduct. Those failing the test face visa cancellation, limiting them to applying for only protection or bridging visas, with potential removal from Australia upon sentence completion, emphasizing the strict standards for maintaining community safety.
The Family Violence Provisions protect partner visa applicants facing family violence, granting independence from sponsors during application. Victims need to demonstrate a genuine, ongoing relationship and provide evidence of violence, either judicial or non-judicial. All standard visa requirements remain applicable. These provisions acknowledge different violence types, allowing victims to seek safety and residency independently, underscoring Australia's dedication to safeguarding vulnerable individuals in immigration contexts.