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Section 48 Bar
If you have just searched for “Section 48 bar”, “Section 48 Migration Act”, or even “visa ban under s 48”, you have likely received an on-shore visa refusal or cancellation. Section 48 of the Migration Act 1958 prevents most applicants from lodging a further visa while in Australia.
This guide covers:
Key takeaway: Section 48 is an obstacle, but not an endpoint. With the right strategy, a new visa pathway may still be available.
Section 48 Migration Act states that if you are in Australia and have had a visa refused or cancelled since your last entry, you cannot make another application unless it is for a prescribed class. Home Affairs uses this rule to prevent endless “visa-shuffling”.
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Key points |
Details |
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Applies onshore only |
Offshore lodgements are allowed. |
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Trigger events |
Refusal of a substantive visa; cancellation of any visa (except WHV 417/462 health) |
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Stops further lodgement |
Unless the new visa is on the Reg 2.12(1) exemption list. |
You’re caught if all three are true:
Still unsure? → Book a 15-min check
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Exempt visa (Reg 2.12) |
Typical use case |
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Partner visas 801/820/100/309 |
Genuine relationships after refusal of a student or visitor visa |
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Bridging Visa R (subclass 070) |
Cooperation with authorities |
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Protection 866 |
Asylum claims |
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Medical Treatment 602 |
Urgent health issues |
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Skilled 190, 491, 494 |
Skilled Visas |
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Strategy |
When it works |
Steps |
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Lodge an exempt visa onshore |
Relationship, protection, medical |
Submit within appeal timeframe; apply for BVA/BVB for work rights |
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Depart & lodge offshore |
Student, visitor re-apply |
Exit Australia → apply online → wait offshore (may request Visitor 600 to re-enter) |
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Appeal → Merits Review win |
Strong factual error |
ART overturns refusal → barrier disappears |
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Ministerial Intervention |
Unique hardship |
Submit after all review rights exhausted |
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Action |
Typical timing |
Bridging visa status |
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ART appeal lodged |
7–28 days |
BVC/BVE with study/work limits |
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Offshore re-lodgement |
within days of exit |
BVE ends on departure |
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Exempt Partner 820 filed |
before deadline |
New BVA with full work rights |
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Find answers to common questions about our Australian Visa Refusal services and processes. If you need further assistance, please contact our office.
No. It blocks lodgement onshore; it doesn’t ban you from re-entering.
Yes—you can hold a BVE to remain lawful, but can’t lodge most new substantive visas.
Yes. Once offshore you’re free to lodge, but must wait abroad unless eligible for a Bridging Visa B.