Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person is not allowed to make an application for a visa, or have an application for a visa made on the person's behalf, at a particular time (the application time ) that occurs during a period throughout which the person is in the migration zone if:
(a) at an earlier time during that period, the Minister made a decision under section 501, 501A, 501B or 501BA to refuse to grant a visa to the person or to cancel a visa that has been granted to the person; and
(b) the decision was neither set aside nor revoked before the application time.
(1A) In relation to the Minister's decision to refuse to grant a visa to the person, as mentioned in paragraph (1)(a), it does not matter whether:
(a) the application for the visa was made on the person's behalf; or
(b) the person knew about, or understood the nature of, the application for the visa due to:
(i) any mental impairment; or
(ii) the fact that the person was, at the time the application was made, a minor.
(1B) In paragraph (1)(a) and subsection (1A), a reference to a refusal to grant a visa, or to the cancellation of a visa, includes a reference to such a refusal or cancellation in relation to a visa for which an application is taken to have been made by the operation of this Act or a regulation.
(2) Subsection (1) does not prevent a person, at the application time, from making an application for:
(a) a protection visa; or
(b) a visa specified in the regulations for the purposes of this subsection.
Note: The person may however be prevented from applying for a protection visa because of section 48A.
(3) Subsection (1) does not prevent a person, at the application time, from making an application for a visa if, before the application time, the Minister had, acting personally, granted a permanent visa to the person.
(4) Subsection (1) does not prevent a person, at the application time, from making an application for a visa if:
(a) before the application time, the person was granted a visa of a kind referred to in subsection (2) or (3); and
(b) the person would, but for the operation of subsection (2) or (3), have been prevented from applying for that visa.