Section 48 only applies in certain circumstances —namely, it applies only when you do not hold a substantive visa.。

If your existing visa is still valid when the refusal occurs,thenyou can absolutely lodge another visa straight away, or even lodge a different visa altogether, rather than going straight to appeal. For example, if you lodge a Subclass 190 while holding a Subclass 485, and the 190 is refused, the 485 is still valid.

If, at the time of refusal, your original visa has already expired and all you hold is a bridging visa, then appealing really is the only path open to you.

During

the appeal

Because appeal processing times are generally far from short,there is a great deal of room to manoeuvre during the appeal period.Even with Section 48 standing in the way during the appeal, there are still ways to lodge a visa application. These fall into two situations:

• The first is lodging onshore:Regulation 2.12 of the migration law sets outthe visa categories that can still be lodgedwhile affectedby Section 48,common ones beingthe bridging visa, partner migration, and the Subclass 190, 491 and 494 visas (note that these donot include the Subclass 189）). The full list is as follows:

  
  

• 

• 
  

• The second is applying for a Bridging Visa B and lodging offshore:If the visa you intend to lodge is not on the exemption list above, then the ultimate solution is tofirst apply for a Bridging Visa B(travel to a visa-free country, such as Thailand or Fiji),then lodge the visa offshore and return to Australia.

• 
  

For example, suppose Xiao Ming receives a Subclass 189 invitation while his refusal appeal is on foot. Xiao Ming is not eligible to lodge the 189 onshore and can only lodge it after departing. Interestingly, Section 48 only prevents you from lodging onshore,but it does not prevent you from being granted onshore, so after departing to lodge, you can return to Australia to await the grant.

If your AAT appeal fails and you still haven’t received an invitation, is that the end of the road, with no choice but to leave? No. If your AAT appeal fails, then, on the one hand,your bridging visa will still have 35 days of validity remaining, and on the other,you can still lodge a Judicial Review application with the Federal Circuit Court (FCC) within that 35-day window.(Note that after lodging the FCC application,you need to apply separately for a bridging visa.）

Owing to the inefficiency of the FCC (again, probably a shortage of staff),Judicial Review still requires a fairly long processing time, and dragging on for one to two years is entirely normal.While you wait,you can, just as during the AAT waiting period in the previous section, keep working on the relevant applications.

framework, there are quite a few lawful ways to rescue a visa. However, once a refusal occurs,the applicant’s subsequent steps and planning become absolutely critical, and a professional agent is very much needed to guide and assist,otherwise one wrong move can lead to everything going wrong.

No visa matter is trivial.If you want to make sure your visa is granted, it is well worth spending a little money to engage a professional agent. Leave the professional work to the professionals. Trying to save a little money and ending up with a work visa or PR application refused will not only delay your plans for PR but also cost you dearly — because whether you go to the AAT or the FCC, the application costs alone (excluding agent fees) start at several thousand dollars.

Finally, may there be peace in the world, and may this world have no visa refusals.

If you really do need help, you can contact me.

MARA-registered migration agent (MARN 1805429)