Statutory Bars — Section 48A and When You Cannot Apply Onshore
Section 48A of the Migration Act prevents certain non-citizens who are physically in Australia from making a further valid application for a protection visa (Subclass 866) if they have previously had a protection visa refused or cancelled while in Australia. In short, a prior onshore refusal or cancellation usually bars you from lodging another onshore protection visa application while you remain in Australia.
Who is Affected by Section 48A?
Individuals who previously applied for a protection visa (SC866) and were refused while they were in Australia.
People whose protection visa was cancelled while they were in Australia.
The bar applies regardless of the grounds of the earlier refusal or cancellation; it is a procedural bar, not a merits decision about the substance of your protection claim.
What are the Key Features of the Section 48A Bar?
Operative while you are in the migration zone, such as in Australia, in immigration custody or onshore.
It prevents a new valid onshore protection visa application.
It applies even if you hold another substantive visa at the time you try to lodge a further protection application.
Are There Any Exceptions for Section 48A Bar?
The Section 48A bar generally ceases if the individual departs Australia and later returns. That is why some people leave and re-enter on a valid substantive visa before making a fresh application offshore. There are limited exceptions; in some cases involving removal under certain provisions, the bar may still remain in place.
The Minister for Home Affairs has a personal, non-compellable power (section 48B) to determine that the restriction in s48A does not apply to a particular individual. This is a relief by ministerial intervention and is only granted in exceptional cases. The Minister is not obliged to consider requests, and decisions are rare.
Related: Can Ministerial Intervention Save My Visa?
What are the Consequences for Section 48A Bar?
If s48A applies, an onshore protection visa application will be invalid and will not be considered. That means no merits assessment and no obligation on the Department to process the claim.
An invalid application also generally attracts no bridging visa rights that follow from a valid lodgement.
Being barred makes offshore pathways or departure and re-entry strategies relevant, but complex and risky.
What Can You Do if s48A May Apply to You?
Check the reasons and timing of the previous refusal or cancellation and whether you are onshore during that period.
Leaving Australia and applying a visa offshore may remove the onshore bar, however, this can be risky as there may be re-entry bars and does not guarantee success offshore. We recommend that you seek tailored advice from an experienced lawyer before travel.
If you have compelling new evidence, a carefully prepared request to the Minister might be lodged. Ministerial intervention is exceptional and not a substitute for a properly prepared protection claim.
Seek legal advice from an Accredited Specialist in Immigration Law to confirm whether s48A applies, and if there are any alternative pathways for your specific circumstances.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
How Can Agape Henry Crux Help
Section 48A is a powerful procedural bar that can prevent further onshore protection visa application. If you think you may be affected, the best next step is to speak with one of our immigration lawyers or Accredited Specialists in Immigration Law. The team works closely with two of our Accredited Specialists in Immigration Law, Jason Ling and Angela De Silva, and they specialise in handling highly complex matters. You can schedule an appointment with us to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English and Mandarin. We can also help you arrange an interpreter if this isn't your language.
Our founder and principal lawyer, Jason Ling, has been recognised in the 2026 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards.
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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