Visa Subclasses that are Excluded for Section 48 Bar

The Section 48 Bar restricts certain visa applicants from lodging further applications if they have had their visa refused or cancelled while in Australia under specific circumstances. However, not all visa types are subject to this restriction. There are certain visa subclasses that are excluded from the Section 48 bar, which allow affected applicants to apply for new visa applications despite the previous visa refusals or cancellations.  

 

Which Visa Subclasses Are Excluded from Section 48 Bar? 

  1. Partner (Temporary) (Subclass 820/801) 

  2. Protection visas  

    1. Protection (Subclass 866)

    2. Refugee and Humanitarian (Subclass 200-204) 

    3. Temporary Protection (Subclass 785) 

    4. Safe Haven Enterprise (Subclass 790) 

  3. Medical Treatment (Visitor) (Subclass 602) 

  4. Territorial Asylum (Residence) (Subclass 800) 

  5. Border (Temporary) (Subclass 773) 

  6. Special Category (Temporary) (Subclass 444) 

  7. Bridging A (BVA) (Subclass 010) 

  8. Bridging B (BVB) (Subclass 020)

  9. Bridging C (BVC) (Subclass 030) 

  10. Bridging D (BVD) (Subclass 040)  

  11. Bridging E (BVE) (Subclass 050) 

  12. Bridging F (BVF) (Subclass 060) 

  13. Bridging R (BVR) (Subclass 070) 

  14. Resolution of Status (Subclass 851) 

  15. Child (Residence) 

    1. Child Visa (Subclass 802) 

    2. Orphan Relative (Subclass 837) 

  16. Skilled Nominated (Permanent) (Subclass 190) 

  17. Skilled Work Regional (Provisional) (Subclass 491) 

  18. Skilled Employer Sponsored Regional (SESR) (Provisional) (Subclass 494)


Why Knowing if You are Impacted by Section 48 Bar Is Important? 

Knowing whether you are subject to Section 48 restrictions can impact your planning for future visa applications. If you have a history of visa refusal and/or visa cancellation, you may be restricted from obtaining any new visa applications. It is best to seek professional legal advice or explore options such as applying for an offshore visa. 

 

Related: Understanding Section 48 Applicants Restrictions and Partner Visa Subclass 820/801 

 

How Can Agape Henry Crux Help

We recommend consulting one of our Accredited Specialists in Immigration Law if you wish to remain in Australia. For your visa matter, speak with Jason Ling or Angela De Silva, our Accredited Specialist in Immigration Law. Our team of immigration lawyers and migration agents at Agape Henry Crux. We specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.

We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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