Section 48 of the Australian Migration Act

Section 48 of the Australian Migration Act

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Anyone in Australia who has had a visa refused or cancelled and who does not hold a substantive visa is not allowed to lodge an onshore visa application (apart from a spouse, protection or medical treatment visa). The impact of Section 48 of the Migration Act and international travel bans means that many people who would ordinarily be able to travel offshore to lodge a valid visa application for permanent residency in Australia is unable to do so. In many cases this has resulted in people being unable to meet the eligibility criteria for the lodgement or grant of a permanent Australian visa.  

The Department of Home Affairs and the Federal Government have so far ignored this problem and requests to change this rule. They have the power to change this, but so far they have not.  

It is evident they can change legislation, rules and requirements for example changes to student visa holders eligibility to meet the requirements to apply for a 485 visa if they study offshore, or applying for a 485 from outside of Australia, or changes to student visa holders ability to work full time in approved sectors.

There is absolutely no reason why the Department could not temporarily amend S48 to allow onshore applications to be made for a range of skilled or family visas.  

Please support this petition to change S48 of the Migration Act.