Section 48 Bar
If your visa was refused or canceled since your last entry to Australia, you may face the Section 48 Bar. This is part of the Migration Act 1958. This bar stops you from applying for most new visas while you are in Australia. It limits your options and pathways. Most applicants affected by Section 48 must leave Australia before applying for a new visa. They can only apply for a new visa after leaving, except for a few specific visa subclasses.
For many people and families, this can be a surprising and stressful obstacle. This is especially true when there are tight deadlines, complicated paperwork, or ongoing reviews. The Section 48 Bar can also impact your future visa eligibility, bridging visa status, and long-term migration plans.
Understanding how the Section 48 Bar works, when it applies, and what exemptions are available is crucial. Even one refusal or cancellation can impact your ability to stay lawful in Australia. It can also affect your chances for skilled migration or living with your partner or family.
By understanding your responsibilities and visa options, you can make smart choices. This helps you avoid risks that could harm your immigration future.
Who Is Affected by Section 48?
The Section 48 Bar applies to individuals who face certain visa issues while they are physically in Australia. You may be affected if –
It is important to know if you fall into any of these categories. The Section 48 Bar can limit your onshore visa options and impact your next steps.
Changes to Section 48
Starting on November 13, 2021, a Section 48 Bar waiver was introduced. This allows some skilled visa applicants to apply while staying in Australia. This applied to:
🔷Skilled Work Regional (subclass 491)
🔷Skilled Nominated (subclass 190)
🔷Skilled Employer-Sponsored Regional (subclass 494)
Before this change, applicants affected by Section 48 usually had to depart Australia before applying. The waiver enables eligible applicants, including those on bridging visas, to remain onshore while pursuing these skilled visas.
Even in 2025, this update still offers flexibility for skilled migrants. It also makes it easier to leave Australia to apply for a new visa.
State and Territory Considerations for Section 48 Bar
Navigating the Section 48 Bar can be complex, and rules may vary depending on the state or territory where you are applying for a skilled visa. Understanding these differences is crucial for planning your application and ensuring compliance with local requirements.
🔷Victoria: Applicants who are barred under Section 48 cannot be re-nominated for state-nominated visas. This applies if their nomination has expired and they cannot leave Australia.
🔷Western Australia: WA State nomination is now open for some Section 48-barred applicants. This offers new chances to apply onshore.
🔷Queensland: Applicants on bridging visas invited to lodge documents for a subclass 491 visa must notify authorities of any past visa refusals or cancellations.
🔷South Australia: Applicants for the onshore Section 48-barred skilled visa can now apply for subclasses 491, 190, and 494. This follows the changes made in 2021.
🔷Tasmania: The authorities process bridging visa applications for ART or Federal Court reviews. They keep these visas valid during the review. This allows individuals to maintain lawful status in Australia.
🔷New South Wales: NSW will re-nominate applicants who were barred under Section 48. This will happen once they can travel abroad. They will have 60 days to submit their visa applications.
It is important to know the specific rules in your state or territory. This will help you plan your visa application better. Staying informed about these points can help you avoid delays. This will make managing a Section 48 Bar situation smoother.
Visas Affected by Section 48
Regulation 2.12 under the Migration Act 1958 prescribes certain visa classes for Section 48 of the Act. Section 48 restricts further onshore visa applications for individuals whose visas have been refused or cancelled. However, some prescribed visas can still be applied for without leaving Australia.
Some of the visa categories impacted by Section 48 include –
🔷Partner visas: Both Partner (Temporary) (Subclass 820) and Partner (Residence) (Subclass 801) visas are subject to Section 48 restrictions, limiting onshore applications after a visa refusal or cancellation.
🔷Protection visas: Applicants seeking protection or humanitarian visas may be affected if they are Section 48 barred.
🔷Medical Treatment visas: Those applying for Medical Treatment (Visitor) (Subclass 602) Visas may face restrictions while onshore.
🔷Bridging visas: Bridging visas A, B, C, D, E, F, and R are all included, affecting those who are already onshore while awaiting a decision or appeal.
🔷Child visas: Applications for Child (Residence) (Subclass 802) visas can be affected if the applicant is Section 48 barred.
🔷Retirement visas: Both Retirement (Temporary) (subclass 410) and Investor Retirement (Subclass 405) visas are subject to Section 48 limitations.
🔷Skilled visas: Certain skilled visas, including Skilled—Nominated (Subclass 190), Skilled Work Regional (Subclass 491), and Skilled Employer Sponsored Regional (Subclass 494) visas, are also prescribed under Section 48.
Section 48 restricts further visa applications after a refusal or cancellation, making it essential to know which visas are affected to plan your next steps.
Appeals and Review Options for Section 48 Bar Applicants
Being under a Section 48 Bar does not mean you cannot challenge a visa refusal or cancellation. Depending on the decision type and situation, there are legal options to review or appeal the outcome. Understanding these options is essential for protecting your rights and exploring potential pathways to remain or return to Australia.
Some of the visa categories impacted by Section 48 include –
🔷ART Review: Certain visa decisions can be reviewed by the Administrative Review Tribunal (ART). The ART checks if the decision was fair and followed the law. It can change or cancel the original decision.
🔷Federal Circuit Court: In specific situations, judicial review through the Federal Circuit Court may be an option. This process questions the legality of a decision, not its value. It looks at whether the right procedures and legal standards were followed.
🔷Ministerial Intervention: In exceptional cases, the Minister for Immigration has the discretion to grant a visa despite prior refusals or cancellations. Ministerial intervention is generally reserved for compelling and compassionate circumstances or cases of significant public interest.
Not all visa decisions are reviewable. For instance, if your visa was refused or cancelled under Section 501 of the Migration Act 1958, it may not be eligible for ART or judicial review.
Navigating these appeals and review processes can be complex, especially while subject to a Section 48 Bar. Seeking professional guidance ensures that you understand your options, meet deadlines, and maximize the chance of a successful outcome.
Why Choose Emigrate Lawyers
Dealing with a Section 48 Bar can be complex and stressful. Emigrate Lawyers provides expert legal guidance to help you navigate this challenging situation with confidence.
- Expert Immigration Lawyers: Our team specialises in migration law, offering tailored advice based on your specific Section 48 circumstances.
- Complete Support: We help you at every step. We assess your visa history, find options, and prepare applications or appeals when we can.
- State and Territory Knowledge: It is important to understand how each state and territory handles Section 48 barred applicants. We offer clear guidance for your situation.
- Strategic Solutions: We help you explore available pathways, minimize delays, and protect your future migration options.
