Section 92 — Application after previous refusal — barred classes
Text of provision
This Subdivision has effect where one of the prescribed criteria in relation to a visa of a particular class is the criterion that the applicant receives the qualifying score when assessed as provided by this Subdivision.
Plain English
Section 92 provides that certain non-citizens — particularly those who have been removed or deported or who are the subject of an adverse security assessment — are barred from making further visa applications in specified classes. The bar is designed to prevent repeated applications after definitive adverse decisions.
Practical effect
The s 92 bar operates in conjunction with the s 48 bar to create a comprehensive scheme preventing certain persons from making repeated visa applications. Practitioners should check whether a client is subject to any statutory bar before advising them to lodge a new application — a barred application is invalid and may expose the client to criminal liability for unlawful presence in Australia during any period they are seeking to rely on the application.