1) Applicant was refused or cancelled a visa since their last entry to Australia AND
2) Applicant does not currently hold a substantive visa (unlawful or Bridging) AND
3) Applicant is in Australia
s48 does not apply to off shore applicants.
Substantive visas, are any other visas except for: Bridging Visa, Criminal Justice Visa and Enforcement Visa.
It is OK for a person to lodge a visa if they are unlawful in Australia as long as they did not have a visa refused since their last entry to Australia.
Reg 2.12 lists classes that allow applicant to apply even if they are subject to s48.
Module 2 quiz has good practical questions related to Section 48.
Condition 8503
Normally No Further Stay cannot be waived unless there are cases "beyond the control", and on "compelling and compassionate" bases. Act and Regulations do not specify such cases, but PAM3 contains information on how this should be handled. It gives various examples of "beyond the control" such as war in the native country, or death/illness of a relative in Australia. It also says what cases are normally not considered good enough for waiving the condition, for example, getting married is not compelling enough. For every client I would need to have a delicate discussion to find out if they have special cases when the condition can be waived. Austlii contains many cases related to 8503.
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