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Migration Amendment Act 2014

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryAustralia
Operative dateMay 28, 2014
Affected groupNon-citizens who have had a protection visa refused or cancelled

Policy effect

Amended section 48A of the Migration Act 1958 to specify that the statutory bar preventing non-citizens who have had a protection visa refused or cancelled from lodging a further protection visa application applies regardless of the grounds, criteria, or earlier bases for applications or visa grants.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

(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. … a non-citizen is prevented from making an application for a protection visa after the commencement of the item, because of a refusal or cancellation referred to in subsection 48A(1) or (1B), whether the refusal or cancellation happened before, on or after that commencement.
Australian Federal Register of LegislationOpen official source
Retrieved from https://www.legislation.gov.au/C2014A00030/asmade/2014-05-27/text/original/pdf

Review method

Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification

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