Section 48 Bar: How to Apply for a New Visa After Refusal in Australia

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Section 48 Bar

Section 48 Bar

Section 48 Bar: How to Apply for a New Visa After Refusal in Australia

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:

  1. Who is affected by the Section 48 bar
  2. Visa subclasses that remain open for on-shore lodgement
  3. Three practical pathways to overcome the bar—including offshore applications and ministerial discretion
  4. A timeline and checklist to maintain lawful status and protect work rights

Key takeaway: Section 48 is an obstacle, but not an endpoint. With the right strategy, a new visa pathway may still be available.

Table of Contents

1. What exactly is Section 48?

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”.

Key points

Details

Applies onshore only

Offshore lodgements are allowed.

Trigger events

Refusal of a substantive visa; cancellation of any visa (except WHV 417/462 health)

Stops further lodgement

Unless the new visa is on the Reg 2.12(1) exemption list.

2. Am I caught by the bar?

You’re caught if all three are true:

  1. You are physically in Australia.
  2. Since your last arrival, a visa was refused or cancelled.
  3. The new visa you want is not in the exemption list below.

Still unsure?Book a 15-min check

3. Visa subclasses you can still lodge onshore

Exempt visa (Reg 2.12)

Typical use case

Partner visas 801/820/100/309

Genuine relationships after refusal of a student or visitor visa

Bridging Visa R (subclass 070)

Cooperation with authorities

Protection 866

Asylum claims

Medical Treatment 602

Urgent health issues

Skilled 190, 491, 494

Skilled Visas

4. Strategies to clear the barrier

Strategy

When it works

Steps

Lodge an exempt visa onshore

Relationship, protection, medical

Submit within appeal timeframe; apply for BVA/BVB for work rights

Depart & lodge offshore

Student, visitor re-apply

Exit Australia → apply online → wait offshore (may request Visitor 600 to re-enter)

Appeal → Merits Review win

Strong factual error

ART overturns refusal → barrier disappears

Ministerial Intervention

Unique hardship

Submit after all review rights exhausted

5. Timeline, fees & bridging visas

Action

Typical timing

Bridging visa status

ART appeal lodged

7–28 days

BVC/BVE with study/work limits

Offshore re-lodgement

within days of exit

BVE ends on departure

Exempt Partner 820 filed

before deadline

New BVA with full work rights

Ready to discuss your case?

Speak with Jade Immigration Lawyers today – we’re here to help you.

📞 Call us: 0485 907 989
📧 Email: jade@jadeimmigrationlawyers.com.au
📝 Submit an online enquiry or
📅 Book a consultation now to get personalised immigration advice from our experienced team. We assist clients across Australia and internationally.

Related Pages

  • Visa Refusal – Overview & Options
  • Bridging Visa E After Refusal
  • Merits Review (ART) Guide
  • Judicial Review Process
  • Ministerial Intervention Explained
  • Re-apply for a Visa Offshore
  • PIC 4020 (Fraud) Refusal Strategy
  • Partner Visa Refusal Case Study
  • Explore More on Our Home Page 
  • Department of Home Affairs

FAQ

Find answers to common questions about our Australian Visa Refusal services and processes. If you need further assistance, please contact our office. 

Is the ‘section 48 bar’ the same as ‘visa ban’?

No. It blocks lodgement onshore; it doesn’t ban you from re-entering.

Can I get a Bridging Visa E while barred?

Yes—you can hold a BVE to remain lawful, but can’t lodge most new substantive visas.

Does leaving Australia reset Section 48?

Yes. Once offshore you’re free to lodge, but must wait abroad unless eligible for a Bridging Visa B.