# No further applications for protection visa after refusal or cancellation

> act-s48A — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

48A No further applications for protection visa after refusal or
         cancellation
          (1) Subject to section 48B, a non-citizen who, while in the migration
              zone, has made:
                (a) an application for a protection visa, where the grant of the
                    visa has been refused (whether or not the application has
                    been finally determined); or
                (b) applications for protection visas, where the grants of the visas
                    have been refused (whether or not the applications have been
                    finally determined);
              may not make a further application for a protection visa, or have a
              further application for a protection visa made on his or her behalf,
              while the non-citizen is in the migration zone.
      (1AA) Subject to section 48B, if:
              (a) an application for a protection visa is made on a non-citizen’s
                  behalf while the non-citizen is in the migration zone; and
              (b) the grant of the visa has been refused, whether or not:
                     (i) the application has been finally determined; or
                    (ii) the non-citizen knew about, or understood the nature of,
                         the application due to any mental impairment; or
                   (iii) the non-citizen knew about, or understood the nature of,
                         the application due to the fact that the non-citizen was,
                         at the time the application was made, a minor;
            the non-citizen may not make a further application for a protection
            visa, or have a further application for a protection visa made on his
            or her behalf, while the non-citizen is in the migration zone.








      (1AB) If:
              (a) an attempt was made to remove a non-citizen from the
                  migration zone under section 198 but the removal was not
                  completed; and
              (b) the non-citizen is again in the migration zone as a result of
                  travel to Australia that is covered by paragraph 42(2A)(d);
            then, for the purposes of this section, the non-citizen is taken to
            have been continuously in the migration zone despite the attempted
            removal.
               Note:      Paragraph 42(2A)(d) relates to the travel of a non-citizen to Australia
                          after an attempt to remove the non-citizen has been made under
                          section 198.

        (1A) For the purposes of this section, a non-citizen who:
               (a) has been removed from the migration zone under
                   section 198; and
               (b) is again in the migration zone as a result of travel to Australia
                   that is covered by paragraph 42(2A)(da) or (e);
             is taken to have been continuously in the migration zone despite
             the removal referred to in paragraph (a).
               Note:      Paragraphs 42(2A)(da) and (e) relate to the travel of a non-citizen to
                          Australia after the non-citizen has been removed from Australia under
                          section 198.

        (1B) Subject to section 48B, a non-citizen in the migration zone who
             held a protection visa that was cancelled may not make a further
             application for a protection visa while in the migration zone.
        (1C) Subsections (1) and (1B) apply in relation to a non-citizen
             regardless of any of the following:
               (a) the grounds on which an application would be made or the
                   criteria which the non-citizen would claim to satisfy;
               (b) whether the grounds on which an application would be made
                   or the criteria which the non-citizen would claim to satisfy
                   existed earlier;
               (c) the grounds on which an earlier application was made or the
                   criteria which the non-citizen earlier claimed to satisfy;









                 (d) the grounds on which a cancelled protection visa was granted
                     or the criteria the non-citizen satisfied for the grant of that
                     visa.
        (1D) In paragraphs (1)(a) and (b) and (1AA)(a) and (b), a reference to an
             application for a protection visa made by or on behalf of a
             non-citizen includes a reference to an application for a protection
             visa that is taken to have been made by the non-citizen by the
             operation of this Act or a regulation.
        (1E) In subsection (1B), a reference to the cancellation of a protection
             visa includes a reference to the cancellation of a protection visa in
             relation to which an application for a protection visa is taken to
             have been made by the operation of this Act or a regulation.
          (2) In this section:
               application for a protection visa means:
                (aa) an application for a visa of a class provided for by
                     section 35A (protection visas—classes of visas), including
                     (without limitation) an application for a visa of a class
                     formerly provided for by subsection 36(1) that was made
                     before the commencement of this paragraph; or
                      Note:    Visas formerly provided for by subsection 36(1) are provided for
                               by subsection 35A(5). Subsection 36(1) was repealed by the
                               Migration and Maritime Powers Legislation Amendment
                               (Resolving the Asylum Legacy Caseload) Act 2014, which also
                               inserted section 35A and this paragraph.
               (aaa) an application for a visa, a criterion for which is that the
                     applicant is a non-citizen who is a refugee; or
                 (a) an application for a visa, or entry permit (within the meaning
                     of this Act as in force immediately before 1 September
                     1994), a criterion for which is that the applicant is a
                     non-citizen who has been determined to be a refugee under
                     the Refugees Convention as amended by the Refugees
                     Protocol; or
                 (b) an application for a decision that a non-citizen is a refugee
                     under the Refugees Convention as amended by the Refugees
                     Protocol; or








                  (c) an application covered by paragraph (a) or (b) that is also
                      covered by section 39 of the Migration Reform Act 1992.
