A visa refusal or cancellation can leave you unsure whether you can apply for another visa while staying in Australia. The Section 48 bar may restrict your onshore options, but a refusal alone does not automatically mean the bar applies.
Your current visa status, the type of decision and your immigration history all matter. Some visa classes are exceptions to Section 48, although being allowed to apply does not mean you qualify for a visa.
This guide explains what to check before lodging another application, seeking review or making travel plans.
What is the Section 48 bar?
Section 48 of the Migration Act 1958 limits further visa applications by certain people who are in Australia, do not hold a substantive visa and have had a relevant visa refusal or cancellation after their last entry.
If it applies, you can generally make an onshore application only for a visa class prescribed in regulation 2.12 of the Migration Regulations 1994. Other application requirements still apply.
Section 48 does not itself cancel a visa or make a person unlawful. It limits the classes of new application that can be made. Your permission to remain in Australia is a separate question.
When does Section 48 apply?
The main checks are:
- Are you in the migration zone? Section 48 concerns applications made while you are in Australia.
- Do you hold a substantive visa? A substantive visa excludes bridging, criminal justice and enforcement visas.
- Has a relevant refusal or cancellation occurred after your last entry? The legal basis of the decision matters, and special rules can affect how your entry history is treated.
A refusal may have been made while you still held a substantive visa. The bar can become relevant later if that visa ends and you hold only a bridging visa. Having a valid bridging visa therefore does not, by itself, mean you can apply for any other visa onshore.
Not every refusal or cancellation triggers the same rule
Section 48 excludes bridging visa refusals and refusals under sections 501, 501A and 501B from its refusal trigger. Character-related decisions may nevertheless engage separate restrictions, including section 501E. An exclusion from Section 48 does not establish unrestricted application rights.
The cancellation trigger covers the sections specifically listed in section 48: 109, 116, 133A, 133C, 134, 137J and 137Q. This is why the actual decision notice should be checked rather than treating all cancellations alike.
The Act also addresses applications made on a person’s behalf, including in some circumstances where the person was a minor or did not understand the application. A full assessment should consider the application history, not only applications the person remembers lodging personally.
Which visas are exceptions to the Section 48 bar?
Regulation 2.12 prescribes visa classes. The following table gives examples from that list and their familiar visa descriptions.
| Visa area | Examples covered by prescribed classes | What still needs checking |
| Partner | Partner (Temporary), Class UK, and Partner (Residence), Class BS: the subclass 820/801 pathway | Application requirements, relationship eligibility and any additional criteria relevant to a person without a substantive visa |
| Child | Child (Residence), Class BT | The particular child visa and all application and eligibility requirements |
| Protection | Protection visas | Protection eligibility and separate application restrictions, including section 48A after certain previous protection decisions |
| Medical treatment | Medical Treatment (Visitor), Class UB | The visa’s own requirements and the applicant’s circumstances |
| Skilled migration | Skilled—Nominated (Permanent), Class SN: subclass 190; Skilled Work Regional (Provisional), Class PS: subclass 491 | Relevant invitation, nomination or sponsorship and the visa’s remaining requirements |
| Regional employer sponsorship | Skilled Employer Sponsored Regional (Provisional), Class PE: subclass 494 | Employer sponsorship, nomination and the visa’s remaining requirements |
| Bridging and other specified classes | The bridging classes listed in regulation 2.12; Special Category (Temporary), Class TY; Resolution of Status, Class CD; and other listed classes | Whether the particular class is available and suitable for the applicant |
This is a practical summary, not an exhaustive eligibility checklist. Some listed classes serve narrow circumstances or have restricted availability. Use the full regulation and the requirements for the intended visa together.
Can I apply for a Partner visa while Section 48 barred?
The relevant onshore Partner classes are prescribed, so Section 48 does not itself prohibit that pathway. However, this does not remove other validity or grant requirements. Applicants without a substantive visa may need assessment of additional criteria, including Schedule 3 where applicable.
AIM Lawyers’ family migration services provide a starting point for discussing a potential partner pathway in your circumstances.
Can I apply for a skilled or employer-sponsored visa?
Subclasses 190, 491 and 494 are represented in the prescribed classes. Each has its own requirements, so an exception to the bar is only the first check.
Many familiar visa classes are not prescribed. These include the classes for a Student visa (subclass 500), Skilled Independent visa (subclass 189), Employer Nomination Scheme visa (subclass 186) and Skills in Demand visa (subclass 482).
If Section 48 applies, you generally cannot make an ordinary onshore application for one of those non-prescribed classes. A potential skilled visa pathway must be assessed against the exact visa class rather than the broad label “skilled”.
Can the Section 48 bar be waived?
There is no general waiver process under Section 48. The practical assessment is whether the bar applies, whether a prescribed visa class is available, and whether review or an offshore application is relevant.
This differs from a No Further Stay condition such as 8503, which has its own waiver provisions. Addressing one restriction does not automatically address the other.
Does applying to the ART remove the bar?
Lodging a review application does not, by itself, remove Section 48. The Act’s refusal provisions can apply even where the visa application has not been finally determined.
Where review rights exist, the Administrative Review Tribunal (ART) may review the underlying decision. Your decision notice should identify your review rights and deadline.
The ART states that migration review time limits depend on the decision type and whether the applicant is in immigration detention. Check the deadline in the Home Affairs decision letter immediately rather than assuming a standard number of days.
Your bridging visa and lawful status also need to be checked, including how a valid review application affects them. Review rights and eligibility for a new visa application are related but separate issues.
Does leaving Australia remove the Section 48 bar?
Section 48 applies to applications made while a person is in Australia. It does not itself prohibit an application made offshore, but the intended visa must allow an offshore application and the applicant must meet its other requirements.
Leaving and returning on a bridging visa does not reset the bar. Section 48(3) treats a person who leaves and re-enters while holding a bridging visa as having remained continuously in the migration zone for this purpose.
Travel permission is another separate check. A Bridging Visa A does not permit return travel. An eligible applicant generally needs a Bridging Visa B with the appropriate travel permission granted before departure if they intend to return during the relevant period.
Before leaving, check whether departure affects your existing visa, review proceedings or another application. An offshore strategy should be assessed before flights are booked.
What should you do after a refusal or cancellation?
Gather the documents needed to assess the situation:
- the refusal or cancellation decision and the date you were notified;
- your current visa grant notice and VEVO details;
- your relevant entry and travel history;
- any review application or pending visa application; and
- details of the visa you hope to apply for next.
These establish the legal trigger, your current position and whether an available exception is relevant. Avoid lodging another application solely because you have heard that someone else used the same visa pathway after a refusal.
Discuss your visa options with AIM Lawyers
AIM Lawyers & Consultants advertises assistance with visa refusals, cancellations and review matters, alongside family and skilled migration services.
If you have been told you are Section 48 barred, book a consultation with AIM Lawyers to discuss the decision, your current visa status and your intended next application.
Frequently asked questions
Does every visa refusal cause a Section 48 bar?
No. Your location, current visa status and the type and timing of the refusal must be checked. The statutory refusal trigger excludes bridging visa refusals and refusals under sections 501, 501A and 501B, although other restrictions may apply.
Am I Section 48 barred if I hold a bridging visa?
Holding a bridging visa alone does not establish the bar. However, a bridging visa is not a substantive visa, so Section 48 may apply if the other relevant conditions are met.
Which skilled visas are exceptions?
The prescribed classes include those for subclasses 190, 491 and 494. This does not establish eligibility for those visas or create an exception for every skilled visa class.
Can I apply for a subclass 482 visa while Section 48 barred?
The Skills in Demand subclass 482 class is not prescribed under regulation 2.12. If Section 48 applies, an ordinary onshore application for that class is generally unavailable.
Does a Bridging Visa B let me leave and return to reset Section 48?
No. Section 48(3) treats departure and re-entry while holding a bridging visa as continuous presence for this purpose. Travel permission and application rights are different questions.
Does Section 48 mean I have to leave immediately?
The bar itself does not determine whether your stay is lawful or require immediate departure. Your current visa, its expiry and any available review or application options must be assessed separately.
General information checked on 1 October 2026. This article does not replace advice about your individual circumstances.
