The announcement comes as a blow for many applicants who could not leave Australia to apply for their new visa from offshore.
Highlights:
- 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.
People exercise at Albert Park Lake in Melbourne, Saturday, April 18, 2020. Source: AAP Image/Michael Dodge
Once offshore, you may consider all visa options, including Victorian nominated visas.
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 in Australia must stay at least 1.5 metres away from others. Check your state’s restrictions on gathering limits.
Testing for coronavirus is now widely available across Australia. If you are experiencing cold or flu symptoms, arrange a test by calling your doctor or contact the Coronavirus Health Information Hotline on 1800 020 080.
The federal government's coronavirus tracing app COVIDSafe is available for download from your phone's app store.
SBS is committed to informing Australia’s diverse communities about the latest COVID-19 developments. News and information is available in 63 languages at
