If you do not hold a substantive visa and have a previous visa refusal whilst in Australia, you are prevented under Section 48 of the Migration Act to apply for most visas in Australia unless exempt.

From 13 November 2021 skilled visa applicants for the subclasses 491, 494, and 190 visa applicants will be included in the list of exempted categories.

This is great news for many applicants who have a visa refusal pending AAT reviews and Court appeals in Australia.
This is likely to impact on the current state and territory governments’ policy on sponsoring applicants who are subject to S48bar.

For more information on other updates please do visit www.lmpi.com.au or contact our Principal Lawyer Jia (Jack) Li at LMP Immigration on (02) 9086 9186 and info@lmpi.com.au.