Section 501E — Migration Act 1958 (Cth)

(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.

Related sections

• s 501C — Refusal or cancellation of visa—revocation of decision under subsection 501(3) or 501A(3)
• s 501CA — Cancellation of visa—revocation of decision under subsection 501(3A) (person serving sentence of imprisonment)
• s 501D — Refusal or cancellation of visa—method of satisfying Minister that person passes the character test
• s 501F — Refusal or cancellation of visa—refusal of other visa applications and cancellation of other visas
• s 501G — Refusal or cancellation of visa—notification of decision
• s 501H — Refusal or cancellation of visa—miscellaneous provisions

Research how courts apply s 501E

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.