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If your visa has been refused or cancelled while you were in Australia, you may have come across the term “Section 48 Bar.” Understanding Section 48 Bar Australia is important because it can significantly affect your ability to apply for another visa while remaining onshore. This article explains what Section 48 means, who it affects, and which visa options may still be available.

What Is Section 48 Bar?

Section 48 Bar Australia is an important rule under Australian migration law. It applies to people who are in Australia, do not hold a substantive visa, and have had a visa refused or cancelled since they last entered Australia.

A substantive visa means most Australian visas, except bridging visas and some other limited visa types. If your visa is refused while you are in Australia and you are left holding only a bridging visa, Section 48 will generally apply to you.

When Section 48 applies, you cannot apply for most visas while you remain in Australia. You can only apply for limited visa types allowed under the migration law.

Who Is Affected By Section 48?

Section 48 affects people who have had a visa refused or cancelled while they were in Australia and who do not currently hold a substantive visa.

Section 48 commonly affects applicants who are staying in Australia on a bridging visa after a refusal or cancellation and want to lodge another visa application from inside Australia.

For example, if a person applies for a student visa in Australia and that application is refused, they may become subject to Section 48 Bar Australia if they do not hold another substantive visa. This means they cannot simply lodge another student visa application onshore unless a valid exception applies.

What Does Section 48 Stop You From Doing?

Section 48 stops a person from lodging most visa applications while they remain in Australia. In many cases, the person must leave Australia and apply from outside Australia if they want to apply for a visa that is not exempt from Section 48.

Section 48 does not mean that all visa options are finished. It means the applicant’s onshore options are limited and the next step must be planned carefully.

Which Visas Are Exempt From Section 48?

If Section 48 applies, the person is restricted from applying for most visas while they remain in Australia. However, the law allows a Section 48 affected person to apply for some limited visa classes from inside Australia.

Common visa options that may be available include:

This means that even if Section 48 Bar Australia applies, the person may still be able to lodge one of the above visa applications from inside Australia, provided they meet the relevant visa requirements.

It is important to understand that being exempt from Section 48 only means the visa application may be lodged in Australia. It does not mean the visa will be approved. The applicant must still meet all normal eligibility criteria, provide required documents and satisfy the relevant authority.

For skilled visas, subclasses 190, 491 and 494 were added as prescribed visa options from 13 November 2021, allowing some Section 48 affected applicants to apply for these visas onshore if they meet all requirements.

When Did Section 48 Apply From?

Home Affairs information refers to visa refusals from 1 September 1994 and visa cancellations on or after 1 September 1994 for this limitation.

This means Section 48 Bar Australia is not a new rule. It has been part of Australia’s migration system for many years.

Important Reminder

If your visa has been refused or cancelled in Australia, you must be very careful before lodging another application. Lodging the wrong visa application may waste time, money and create further complications.

Before making any decision, it is important to check which visa options are still available and whether the application can be lodged from inside Australia or must be lodged from outside Australia.

Conclusion

Understanding Section 48 Bar Australia is essential if your visa has been refused or cancelled while in Australia. While your onshore options may be limited, some visa categories remain available depending on your circumstances. Careful planning and accurate information are key to avoiding unnecessary delays or complications.

Disclaimer

This article is for general information and educational purposes only. It is not legal or migration advice. Visa rules can change and each case depends on individual circumstances. Applicants should seek advice from an appropriately registered migration professional or legal practitioner before making decisions.