Section 48 Bar – What is it & How Does it Affect Me?

You recently had a visa refused or cancelled and now planning to apply for a new visa onshore in Australia. However, after that, you received an invalid notification or a visa refusal, and you are unsure why. If you are not holding a valid substantive visa due to your previous visa was refused or cancelled, you might be subject to a restriction known as Section 48 bar.

What is Section 48 Bar?

Section 48 bar of the Migration Act affects individuals in Australia who:

Do not hold a substantive visa (including bridging visas and unlawful non-citizen)
AND
Have either:
- Had a visa refused, OR
- Had a visa cancelled

Prevents these individuals from applying for most visa subclasses onshore in Australia, and they will have to lodge the application from offshore.

Are there Any Visa Subclasses that are Exempted from Section 48 Bar?

Some visas allow eligible individuals who are affected by Section 48 bar to apply onshore in Australia:

What are the Next Steps if You are Barred by Section 48 Bar?

Consult with an experienced immigration lawyer, such as an Accredited Specialist in Immigration Law to assess your specific individual circumstances and explore your visa options for tailored advice and guidance.
This is also because even after leaving Australia, you may face re-entry bans under Public Interest Criteria (PIC) 4014 depending on your visa status and can make your visa pathway more complex.

Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.

How Can Agape Henry Crux Help

Consult with one of our Accredited Specialists in Immigration Law - Jason Ling or Angela De Silva to get tailored advise on the best course of action. Our team of immigration lawyers specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin, and Cantonese. If this isn’t your language, we can also help you arrange an interpreter.

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.

Client Testimonials

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Navigating the immigration law process may be difficult, and our former clients have agreed to share their experiences through telephone chats, emails, and in-person meetings.

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