Section 48A Protection Visa Bar: Can You Apply Again?

A previous Protection Visa refusal can prevent a person from simply lodging another Protection Visa application while they remain in Australia. Section 48A of the Migration Act 1958 creates a specific statutory bar on further Protection Visa applications in the migration zone after an earlier Protection Visa refusal or cancellation. In limited circumstances, section 48B gives the Minister a personal public-interest power to lift that bar for a short period.

This is a highly technical area of Australian migration law. The existence of new claims, changed country conditions or stronger evidence does not, by itself, mean that a second Protection Visa application can validly be lodged. The first question is whether section 48A applies. The second is whether there is any legally available pathway to have the bar lifted.

What is section 48A of the Migration Act?

Section 48A is headed No further applications for protection visa after refusal or cancellation. Broadly, it prevents a non-citizen in the migration zone from making a further Protection Visa application if they previously made, or had made on their behalf, a Protection Visa application in the migration zone and that application was refused. The provision also applies where a person previously held a Protection Visa that was cancelled.

The legislation is important because the bar can operate whether or not the earlier Protection Visa application has been finally determined. Section 48A also states that the bar can apply regardless of whether the proposed new application would rely on different grounds, or whether the new grounds or criteria existed at the time of the earlier application.

You can read the current Migration Act 1958 on the Federal Register of Legislation.

Can you apply for a Protection Visa twice in Australia?

Not automatically. If section 48A applies, a second Protection Visa application cannot simply be lodged while the person remains in the migration zone.

This can create difficult situations where circumstances have materially changed after the first refusal. Examples may include:

• a serious deterioration in conditions in the person’s country of return;
• new events affecting the person or their family;
• new protection claims that genuinely could not have been raised earlier;
• new evidence relevant to Australia’s non-refoulement obligations; or
• significant changes in the person’s individual circumstances after the earlier Protection Visa decision.

Those circumstances may be important, but they do not themselves remove the section 48A bar.

What is section 48B?

Section 48B provides a narrow statutory mechanism under which the Minister may determine that section 48A does not prevent a particular person from making another Protection Visa application.

The power is:

• personal — it may only be exercised by the Minister;
• public-interest based — the Minister must consider it in the public interest to lift the bar;
• non-compellable — the Minister is not under a legal duty to consider exercising the power merely because a request has been made; and
• time limited — if the Minister lifts the bar, the legislation provides a limited period ending at the end of the seventh working day after the notice is given for the further Protection Visa application to be made.

The Department of Home Affairs publishes specific Ministerial Instructions for processing requests under section 48B. Those instructions are critical when assessing whether a request is capable of progressing to the Minister.

Does new evidence automatically allow another Protection Visa application?

No.

This is one of the most important misconceptions about section 48A. A person may have compelling new evidence and still be legally prevented from lodging another Protection Visa application unless the statutory bar is lifted.

However, the current section 48B instructions specifically recognise that new country information, changed circumstances, or other developments relevant to Australia’s non-refoulement obligations can be significant in deciding whether a request should be brought to the Minister’s attention.

That makes the distinction between new evidence supporting an old claim and genuinely new or changed circumstances particularly important.

We discuss changed circumstances further in our article on changed country conditions after a Protection Visa refusal.

Can a section 48B request be made while an ART review is still running?

This requires careful analysis.

Section 48A itself can apply even where the earlier Protection Visa refusal has not yet been finally determined. However, the current Ministerial Instructions for section 48B state that a request is inappropriate to refer if the person’s Protection Visa application is not finally determined.

In practical terms, a person may therefore be caught by the section 48A bar before the current administrative review process has finished, while also not yet satisfying the Department’s current referral framework for a section 48B request.

This is one reason why Protection Visa review strategy should be considered before assuming that a fresh application will later be available.

What kinds of section 48B requests may be referred?

The current Ministerial Instructions identify circumstances in which a request should be brought to a Minister’s attention. These include, among other matters, situations involving new country information or changed personal or country circumstances that may mean Australia’s non-refoulement obligations would be engaged if the person were removed.

A section 48B request is not simply an opportunity to repeat an unsuccessful Protection Visa case in different words. A strong request needs to identify why the circumstances now fall within the current Ministerial framework and why the new material is legally significant.

When will a section 48B request not be referred?

The current instructions also identify requests that are considered inappropriate to refer. These can include circumstances where:

• the section 48B power is not legally enlivened;
• the request does not comply with the required form of request;
• the earlier Protection Visa application is not finally determined;
• a notice of intention to remove under section 198 has been issued; or
• the request is a repeat request and no specified exception applies.

Repeat requests require particular caution. The current instructions contain limited exceptions, including certain circumstances involving new family violence claims, specified high-risk country developments, or particular earlier procedural outcomes.

What if your Protection Visa was refused but your circumstances have changed?

The correct pathway depends on where the earlier matter is procedurally and what has changed.

Depending on the case, relevant questions may include:

• Is the Protection Visa refusal still within the time for Administrative Review Tribunal review?
• Is an ART review already pending?
• Has the matter been finally determined?
• Is there an arguable jurisdictional error that may support judicial review?
• Does section 48A prevent a further Protection Visa application?
• Are the new circumstances genuinely new and relevant to Australia’s protection obligations?
• Does the current section 48B Ministerial framework provide a pathway for referral?
• Are there other visa or immigration consequences that must be considered separately?

If you have received a refusal, see our detailed guide to Protection Visa refusal and review options.

What if the new protection claim was raised late?

Late claims can create both procedural and credibility issues. A late claim is not necessarily false merely because it was raised later, but decision-makers may examine why it was not raised earlier and whether the explanation is consistent with the evidence.

This issue becomes particularly important in a section 48A/48B context because the current Ministerial framework is designed as a limited safety net rather than a general second application process.

Read more about late Protection Visa claims, credibility and new evidence.

Section 48A is different from the general section 48 bar

Section 48A should not be confused with section 48 of the Migration Act.

Section 48 deals more generally with the visas that certain non-citizens in Australia may apply for after a visa refusal or cancellation. Section 48A is a specific restriction directed at repeat Protection Visa applications.

Because the provisions operate differently, a person should not assume that advice about the general section 48 bar answers whether another Protection Visa application can be made.

Can a lawyer help with a section 48A or section 48B matter?

These matters usually require more than preparation of a visa form. The legal work may involve reconstructing the history of the earlier Protection Visa claim, reviewing Department and Tribunal reasons, identifying what has genuinely changed, analysing new country information, considering Australia’s non-refoulement obligations, and determining whether the current Ministerial Instructions are engaged.

At Emigrate Lawyers, our Protection Visa work includes primary Protection Visa applications, complex evidentiary matters, Protection Visa refusals, ART reviews and related Ministerial intervention issues.

For general information about the substantive visa pathway, see our Subclass 866 Protection Visa page and our broader Protection Visa legal services hub. For Ministerial intervention more broadly, see our Ministerial Intervention Lawyers Australia page.

Frequently asked questions

Does section 48A apply if I have new reasons for fearing return?

It can. Section 48A is not avoided merely because a proposed second Protection Visa application would rely on different grounds or new circumstances. New developments may instead be relevant to whether a section 48B request can be considered under the current Ministerial framework.

Can the Minister be forced to consider a section 48B request?

No. The section 48B power is personal and non-compellable. The legislation states that the Minister does not have a duty to consider exercising the power.

If section 48B is successful, how long do I have to lodge?

The statutory determination allows a further Protection Visa application to be made during a short period starting when notice is given and ending at the end of the seventh working day after the day notice is given. Preparation before any favourable determination is therefore important.

Can I make repeated section 48B requests?

A further request may be made, but the current Ministerial Instructions treat repeat requests restrictively and specify only limited circumstances in which a repeat request should not be finalised without referral. The facts and timing of any earlier request therefore need to be reviewed carefully.

Does section 48A apply after a Protection Visa cancellation?

Yes. Section 48A also contains a specific bar affecting a non-citizen in the migration zone who previously held a Protection Visa that was cancelled, subject to section 48B.

Get legal advice before relying on a second Protection Visa application

A person with a previous Protection Visa refusal or cancellation should not assume that a new application can simply be lodged because circumstances have changed. The validity question under section 48A must be addressed first.

Where there is new evidence, changed country conditions, new individual circumstances or an unresolved review history, the matter should be assessed as a legal strategy rather than treated as a repeat visa application.

Emigrate Lawyers can review the previous Protection Visa history, the refusal or review decision, new evidence and the current section 48B framework to advise on the available pathway.

This article provides general information only and does not constitute legal advice. Migration law changes frequently and the application of sections 48A and 48B depends on individual circumstances and the current Ministerial Instructions.

About the author

Madhab Kharel

Principal Lawyer & Director, Emigrate Lawyers

Madhab Kharel is the Principal Lawyer and Director of Emigrate Lawyers, an Australian law firm assisting clients across Australia and internationally. His migration law practice includes Partner Visas, Protection Visas, visa refusals and cancellations, Administrative Review Tribunal matters, health and character issues, Schedule 3, Section 48, sponsorship limitations and employer-sponsored migration. He regularly advises clients with complex immigration histories and matters requiring detailed legal submissions and evidence strategy.

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