Understanding the Section 48 Bar in Visa Applications

Are you currently in Australia and have had a visa refused or cancelled? If so, you may have encountered the Section 48 Bar. It’s a vital part of Australian immigration law that can significantly affect your ability to apply for another visa while remaining in the country. But don’t worry; understanding how it works can help you plan your next steps wisely.

This guide explains Section 48, who it affects, which visa subclasses are exempt, and how changes to skilled migration may offer alternative pathways. We'll also explore options for applicants considering offshore applications and general eligibility criteria to help you plan your next steps effectively.

Please note: This article serves as a general guide to help you understand the topic, with information accurate as of the publication date. We recommend consulting a registered migration agent or The Department of Home Affairs for precise, up-to-date guidance tailored to your specific circumstances.

What Is the Section 48 Bar?

Section 48 of the Migration Act 1958 is a legal provision that limits your ability to apply for new visas if a visa is refused or cancelled while in Australia. It specifically applies to people who no longer hold a substantive visa and are instead on a Bridging Visa A, B, or C at the time of their refusal or cancellation.

The purpose of Section 48 is to prevent repeated onshore applications by individuals who no longer meet visa eligibility requirements. While it is a firm restriction, certain visas are exempt. Understanding the full scope of the bar is the first step in knowing where you stand.

Next, we’ll identify who is impacted by the Section 48 Bar and when it applies.

Who Is Affected by the Section 48 Bar?

This bar applies to non-citizens facing limited visa options while remaining in Australia. It is a legal restriction that can significantly impact the ability to stay or reapply onshore. The Section 48 Bar applies when all of the following conditions are met:

• You are currently in Australia
• Your visa was refused or cancelled while you were onshore.
• You do not currently hold a substantive visa (a substantive visa excludes bridging, criminal justice, or enforcement visas).

This situation often applies to individuals who:

• Appealed to the Administrative Appeals Tribunal (AAT) after a visa refusal or cancellation.
• They were placed on a bridging visa while waiting for the outcome.
• Had their refusal been upheld by the AAT, they would not have been granted another substantive visa.

Understanding who is affected is important, but it's also important to know which visa types remain accessible despite this barrier; let’s explore those next.

Which Visas Are Exempt from the Section 48 Bar?

While the Section 48 Bar restricts most visa applications made onshore, specific exemptions still allow certain applicants to apply for new visas from within Australia. These are limited but can be highly relevant based on your circumstances.

The most commonly accessed exempt visas include:

• Onshore Partner Visa (Subclass 820/801)
• Child Visa (Subclass 802)
• Protection Visa (Subclass 866)
• Medical Treatment Visa (Subclass 602)
• Certain Bridging Visas, like subclass 010, subclass 020, subclass 030 applications

These exemptions allow individuals with family or humanitarian grounds to stay legally while preparing for a longer-term visa solution. Each has eligibility requirements, so assessing your suitability before applying is essential.

In addition to these exemptions, some skilled visas may be available, especially for those nominated by a state or territory. We'll cover that next.

Skilled Visas and State/Territory Nominations

In response to labour shortages and COVID-19 disruptions, the Australian Government introduced a temporary measure in 2021 to permit specific skilled visa subclasses to be lodged onshore, even for those affected by the Section 48 Bar. This has provided a vital exception pathway for eligible applicants.

Currently, if you receive a state or territory nomination, you may be able to apply for:

• Skilled Nominated Visa (subclass 190)
• Skilled Work Regional (Provisional) Visa (subclass 491)
• Skilled Employer Sponsored Regional (Provisional) Visa (subclass 494)

These exceptions are still in effect as of 2025 but are subject to individual state policies, which vary based on occupation lists, quotas, and residency requirements. Applicants must follow the nomination process and ensure that the state or territory accepts individuals barred under Section 48 for consideration.

If state nomination is not an option, the next consideration is whether you should depart Australia and reapply from offshore. Let's explore what that involves.

Can You Leave Australia to Avoid the Section 48 Bar?

Yes, one way to bypass the Section 48 Bar is to depart Australia and submit your next visa application from overseas. The bar only applies to onshore applications, so once offshore, you may be eligible to reapply for a visa, depending on your circumstances.

However, this route presents important challenges. Re-entry is not guaranteed, especially if the visa refusal was due to character concerns or misleading information. You may need to apply for a visitor visa or another substantive visa to return, and processing times for offshore applications can vary significantly.

Leaving the country should only be considered after carefully reviewing your options, including eligibility, travel logistics, and potential wait times. In many cases, professional advice is strongly recommended to avoid complications.

Before taking action, it’s also helpful to understand the general eligibility criteria for the types of visas that may remain available.

General Requirements for Skilled or PR Visa Pathways

Whether applying through an exemption, via state nomination, or from overseas, most skilled and permanent residency visas require you to meet certain baseline criteria. These requirements form the foundation of your eligibility and directly influence your success.

Key criteria typically include:

• Recognised qualifications aligned with the Australian Qualifications Framework (AQF)
• A positive skills assessment from the relevant assessing body
• Demonstrated work experience in your nominated occupation
• Proof of English language proficiency (e.g., IELTS, PTE)
• Being under 45 years of age at the time of application
• Bonus points for regional study or work, which may improve your score under points-tested visas

Meeting these requirements helps strengthen your application and opens opportunities in high-demand sectors under Australia’s skilled migration programs.

Once you’ve assessed your eligibility, the next step is determining how to move forward under the Section 48 Bar..

What Should You Do If the Section 48 Bar Applies to You?

If you are subject to the Section 48 Bar, the most important step is to act quickly and carefully. The longer you remain without a clear plan, the more limited your options may become.

Here’s what you can do:

• Review your eligibility for exempt visa subclasses, such as partner or protection visas
• Explore whether you qualify for a state or territory nomination under subclass 190, 491, or 494
• Ensure your bridging visa remains valid to avoid unlawful stay
• Consider an offshore strategy only if advised that it is practical for your case
• Seek advice from a registered migration agent to clarify your current visa status and available pathways

Each decision should be made with awareness of legal requirements, future implications, and the availability of valid re-entry options where applicable.