Section 48 and Regulation 2.12

[Mark Glazbrook]

I am a registered migration agent who having seen such a large number of people affected by Section 48 during Covid19 that I stared a Change.org campaign.  I have also written to the Department of Home Affairs, the Minister of Home Affairs and raised this issued with the Joint Standing Committee on Migration inquiry into skilled migration regarding amendments to Regulation 2.12.

Anyone in Australia who has had a visa refused or cancelled and who does not hold a substantive visa is not allowed to lodge an onshore visa application (apart from those visas specified in Regulation 2.12, namely spouse, protection or medical treatment visas).

The impact of Section 48 of the Migration Act and international travel bans means that many people who would ordinarily be able to travel offshore to lodge a valid visa application for permanent residency in Australia are unable to do so. In many cases this has resulted in people being unable to lodge a permanent Australian visa.  

The Department of Home Affairs and the Federal Government have so far ignored this problem and countless requests to change and fix this problem.  They have the power to change this, simply by adding skilled migration visas to Regulation 2.12, but so far they have not.

We know they can change legislation, rules and requirements for example changes to student visa holders eligibility to meet the requirements to apply for a 485 visa if they study offshore, or applying for a 485 from outside of Australia, or changes to student visa holders ability to work full time in approved sectors.

There is absolutely no reason why the Department could not temporarily amend Regulation 2.12 to allow onshore applications to be made for a range of skilled visas, thus providing people nominated by a State or Territory Government for a 491 or 190 or anyone who has received in invitation to apply for a skilled migration visa to apply onshore if they are affected by Section 48. 

Last year I started a Change.org petition which has over 10,000 supporters, the more support we can receive the better which is why I am asking you today to sign our petition.

https://www.change.org/p/australian-government-section-48-and-regulation-2-12-of-the-australian-migration-act

We have also designed a survey to collect information about those people affected by Section 48 which I will send to the Department of Home Affairs and the Minister for Home Affairs.  

If you are affected by Section 48, please complete our survey.

https://www.surveymonkey.com/r/V59XQJK

Thank you for your support.

All the best,

Mark

 

Mark Glazbrook 
Registered Migration Agent 0100185 
Migration Solutions