What Is the Section 48 Bar?
Section 48 of the Migration Act is a bar on making certain visa applications from within Australia. It applies to a person who:
- Is in Australia
- Is not holding a substantive visa (i.e. is unlawful, or holds only a bridging visa)
- Has had a visa refused or cancelled in Australia since their last entry
Where all three conditions apply, section 48 prevents the person from making most visa applications from within Australia. The word "most" is important — there are exceptions.
Why Section 48 Exists
The provision is designed to prevent people from lodging a series of applications purely to extend their lawful status in Australia after a refusal. It is not intended to permanently prevent someone from ever applying again — it limits what can be applied for from within Australia, not what can be applied for at all.
Which Visa Applications Are Still Possible Onshore
The s.48 bar does not apply to all visa types. Exceptions are set out in the Migration Regulations and include:
- Protection visas (subclass 866) — if you are a genuine protection applicant and haven't previously had a protection application refused
- Certain partner visa applications — in some circumstances where compelling reasons apply
- Several other prescribed subclasses — the specific list is set out in the Regulations and changes over time
Your Three Main Options
Apply for an Exempt Visa Onshore
If you are eligible for one of the visas exempt from s.48, you can still lodge onshore. We identify which options apply to your situation.
Depart and Apply Offshore
Section 48 only bars onshore applications. Departing and applying from offshore is available for most visa types — but departure can have consequences. Discuss with us first.
Ministerial Intervention
The Minister has a personal power to lift bars and grant visas in exceptional circumstances. Not commonly granted, but available where the circumstances genuinely warrant it.
Departing Australia — The Risks
Leaving Australia while subject to the s.48 bar is not inherently problematic — section 48 only limits what you can do while in Australia. But departure can trigger other consequences:
- If you are unlawful (not holding any visa), departure may trigger an exclusion period that prevents you from returning for 3 years
- An existing ART review right, if any, may be affected if you leave during the review period
- If you hold a bridging visa, departure may be a breach of its conditions
Always discuss the implications of departure with a registered agent before leaving.