Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 48A

             (1)  Subject to section 48B, a non‑citizen who, while in the migration zone, has made:

                     (a)  an application for a protection visa, where the grant of the visa has been refused (whether or not the application has been finally determined); or

                     (b)  applications for protection visas, where the grants of the visas have been refused (whether or not the applications have been finally determined);

may not make a further application for a protection visa while in the migration zone.

          (1A)  For the purposes of this section, a non‑citizen who:

                     (a)  has been removed from the migration zone under section 198; and

                     (b)  is again in the migration zone as a result of travel to Australia that is covered by paragraph 42(2A)(d) or (e);

is taken to have been continuously in the migration zone despite the removal referred to in paragraph (a).

Note:          Paragraphs 42(2A)(d) and (e) cover limited situations where people are returned to Australia despite their removal under section 198.

          (1B)  Subject to section 48B, a non‑citizen in the migration zone who held a protection visa that was cancelled may not make a further application for a protection visa while in the migration zone.

             (2)  In this section:

"application for a protection visa" includes:

                    (aa)  an application for a visa, a criterion for which is that the applicant is a non‑citizen in Australia to whom Australia has protection obligations under the Refugees Convention as amended by the Refugees Protocol; and

                    (ab)  an application for a visa, a criterion for which is that the applicant is a non‑citizen in Australia who is a member of the same family unit as a non‑citizen in Australia:

                              (i)  to whom Australia has protection obligations under the Refugees Convention as amended by the Refugees Protocol; and

                             (ii)  who holds a protection visa; and

                     (a)  an application for a visa, or entry permit (within the meaning of this Act as in force immediately before 1 September 1994), a criterion for which is that the applicant is a non‑citizen who has been determined to be a refugee under the Refugees Convention as amended by the Refugees Protocol; and

                     (b)  an application for a decision that a non‑citizen is a refugee under the Refugees Convention as amended by the Refugees Protocol; and

                     (c)  an application covered by paragraph (a) or (b) that is also covered by section 39 of the Migration Reform Act 1992 .