Visas: Victoria will not re-nominate those who are subject to a Section 48 – Ethnic Council of Shepparton and District

The Victorian government has made it clear that applicants who are subject to a section 48 bar where their nomination has expired, and they are unable to leave Australia, will not be re-nominated. The announcement comes as a blow for many applicants who could not leave Australia to apply for their new visa from offshore.

Many immigrants could not apply for the visas despite being nominated by the state. Section 48 of the Migration Act says if your visa has been refused or cancelled while in Australia, you cannot apply for another visa while in Australia. Victoria says it will not re-nominate such applicants.

Section 48 of the Migration Act states that if your visa has been refused or cancelled while in Australia, you cannot apply for another visa while in Australia.

“The section 48 bar applies to applicants who have had a visa refused or cancelled since their last entry into Australia. If you are subject to a section 48 bar you need to leave Australia before you can reapply for a visa,” reads a statement by the Victorian government.

Many could not apply for the visas despite being nominated by the state as they could not leave Australia due to border closures. Applicants in Victoria and other states have been appealing for exemptions as they are not able to travel abroad.

Melbourne-based migration expert Chaman Preet says it’s not a situation anyone would like to be in. “It’s a two edged sword where if an applicant went offshore they can’t come back and if not they lose their nomination. “A much softer approach has been undertaken by some of the states and it would have been great to hear something similar for Victoria.”

Australia imposed coronavirus restrictions on international travel in the second week of March, and only citizens and permanent residents can return from overseas.

Brisbane-based Suman Dua says this is the story of many migrants who received their invites during the coronavirus pandemic. “They have ceded 60 days, so their invites have expired. They could not travel due to travel restrictions. “There are people who had been waiting for invites for many years. Finally, they had received their invites only to be expired without any fault of theirs.”

State governments are aware of the situation, but only New South Wales has taken a step in this direction so far, offering to re-nominate such applicants.

People exercise at Albert Park Lake in Melbourne, Saturday, April 18, 2020. Source: AAP Image/Michael Dodge

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	The Ethnic Council of Shepparton and District acknowledges the Yorta Yorta People of the land which comprises the Goulburn Valley. We pay respect to tribal Elders, past, present and emerging and we celebrate their continuing culture and acknowledge the memory of their ancestors.
	The Ethnic Council of Shepparton and District is a peak body whose mission is to promote and represent the social, cultural and economic well-being of ethnic communities in the Goulburn Valley Region through the provision of quality and innovative settlement, refugee support, community development, and information and advocacy services.