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Section 48 states that Non-citizen refused a visa or whose visa cancelled may only apply for particular visas. Broadly speaking these are:
- Protection
- Partner
- Medical Treatment (Visitor) (Class UB)
In Case of the Partner visa you can lodge an application but for it to be successful you have to meet some additional criteria described in the so called schedule three of the migration regulations, if you are on a bridging visa. Without going into details let me just say that in most cases these criteria are impossible to meet. There might be waiver provisions for some of them on the compassionate grounds but that works only in some specific circumstances
So what is the solution if you’re on a bridging visa and, since the last entry to Australia, you had your application refused or visa cancelled?
You must leave and apply from offshore. Before you go you should apply for BVB which would allow you to come back and wait for the outcome of your application in Australia. Can everyone get BVB? No, that depends on the subclass of BV. One thing for sure, this is a complex area so if you’re in this situation, you need a professional advice
