If you’ve had a visa refused or cancelled while in Australia, you may have heard the term “Section 48 bar.” This is one of the most significant — and misunderstood — provisions in Australian migration law.
What is Section 48?
Section 48 of the Migration Act 1958 prevents a person who is onshore on a bridging visa (following a refusal or cancellation) from applying for most other visas while remaining in Australia.
Which Visas Are Exempt?
- Partner Visa (Subclass 820/801)
- Protection Visa (Subclass 866)
- Bridging Visa B
- Some humanitarian visas
- Certain other visas by ministerial intervention
Does Section 48 Apply to Me?
Section 48 applies when you are in Australia on a bridging visa and have had a substantive visa refused or cancelled since your last entry.
Your Options
- Apply for an exempt visa (e.g., partner visa)
- Depart Australia and apply offshore
- Seek ministerial intervention in exceptional circumstances
- Appeal to the AAT if within the appeal period
Book a free consultation with Ultimate Migration today.