Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 501E

Refusal or cancellation of visa--prohibition on applying for other visas

  (1)   A person is not allowed to make an application for a visa, or have an application for a visa made on the person's behalf, at a particular time (the application time ) that occurs during a period throughout which the person is in the migration zone if:

  (a)   at an earlier time during that period, the Minister made a decision under section   501, 501A, 501B or 501BA to refuse to grant a visa to the person or to cancel a visa that has been granted to the person; and

  (b)   the decision was neither set aside nor revoked before the application time.

  (1A)   In relation to the Minister's decision to refuse to grant a visa to the person, as mentioned in paragraph   (1)(a), it does not matter whether:

  (a)   the application for the visa was made on the person's behalf; or

  (b)   the person knew about, or understood the nature of, the application for the visa due to:

  (i)   any mental impairment; or

  (ii)   the fact that the person was, at the time the application was made, a minor.

  (1B)   In paragraph   (1)(a) and subsection   (1A), a reference to a refusal to grant a visa, or to the cancellation of a visa, includes a reference to such a refusal or cancellation in relation to a visa for which an application is taken to have been made by the operation of this Act or a regulation.

  (2)   Subsection   (1) does not prevent a person, at the application time, from making an application for:

  (a)   a protection visa; or

  (b)   a visa specified in the regulations for the purposes of this subsection.

Note:   The person may however be prevented from applying for a protection visa because of section   48A.

  (3)   Subsection   (1) does not prevent a person, at the application time, from making an application for a visa if, before the application time, the Minister had, acting personally, granted a permanent visa to the person.

  (4)   Subsection   (1) does not prevent a person, at the application time, from making an application for a visa if:

  (a)   before the application time, the person was granted a visa of a kind referred to in subsection   (2) or (3); and

  (b)   the person would, but for the operation of subsection   (2) or (3), have been prevented from applying for that visa.


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