Record whether a further protection-visa application is barred
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the lawyer's chronology, record whether the person is in the migration zone and whether, while there, the person made an application for a protection visa that was refused, or held a protection visa that was cancelled. Record if the application was made on the person's behalf, and if the chronology says the person did not understand it because of a mental impairment or because the person was a minor. Record a later return after a removal or an attempted removal only as the chronology states it. Do not say that a further application can be made.
- What the lawyer must review
- The lawyer applies section 48A of the Migration Act 1958 (Cth). Subject to section 48B, a non-citizen who, while in the migration zone, has made an application for a protection visa that was refused, or on whose behalf such an application was made and refused, may not make a further application for a protection visa, or have one made, while in the migration zone. The same bar applies, subject to section 48B, where a protection visa was cancelled. Subsection (1C) says the bar does not turn on the grounds or criteria of the new or the old application. The definition of an application for a protection visa includes an application for a visa of a class provided for by section 35A, and the earlier kinds of application the section lists. Section 48B was opened separately and is not applied in this task. The tool does not decide that the bar applies.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the lawyer's chronology, record whether the person is in the migration zone and whether, while there, the person made an application for a protection visa that was refused, or held a protection visa that was cancelled. Record if the application was made on the person's behalf, and if the chronology says the person did not understand it because of a mental impairment or because the person was a minor. Record a later return after a removal or an attempted removal only as the chronology states it. Do not say that a further application can be made. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Do not treat an ordinary visa refusal as this bar. The section is about a protection visa application or a cancelled protection visa.
- Do not drop the bar because the new claims are different. Subsection (1C) is for the lawyer to apply.
- Do not apply section 48B in this task.
- Do not say a further application can be lodged.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.