What Is the Section 48 Bar?
Section 48 of the Migration Act 1958 is sometimes called the "section 48 bar" because it bars — prevents — certain people from applying for most Australian visas from inside Australia (onshore). A person is subject to the section 48 bar if they are in Australia and their last substantive visa was refused or cancelled. The bar also applies if they are in Australia and have never held a substantive visa.
The bar applies to the person — not to any specific visa. It means that even if the person technically meets the criteria for a new visa, they cannot apply for that visa from inside Australia if they are subject to the bar. They must either: apply for one of the exempt visas, leave Australia and apply offshore, or maintain a pending review application and associated bridging visa to remain onshore while pursuing other options.
Who Is Subject to the Section 48 Bar?
Your visa application was refused while you were physically in Australia. For example: you applied for a student visa extension and it was refused, or you applied for a work visa and it was refused. The section 48 bar now applies to you.
Your visa was cancelled while you were physically in Australia — for example, a student visa cancelled for breach of condition 8105 (work limitation), or an employer-sponsored visa cancelled because you left your sponsoring employer. The section 48 bar now applies.
You entered Australia on a visitor visa, that visa expired, and you are now unlawful — having never held a long-term substantive visa. Or you entered Australia on a bridging visa without ever having held a substantive visa. Section 48 may apply.
The bar applies based on your circumstances at the time you want to make a new visa application — not permanently in all cases. If you leave Australia and return lawfully (on a new visa), the bar may no longer apply.
Visas Exempt from the Section 48 Bar
Strategies When Subject to Section 48
If any of the exempt visa categories applies to your circumstances — partner, protection, 190, 491, or 494 — apply immediately. This is the cleanest solution that allows you to remain in Australia and progress toward a new visa status. Each exempt visa has its own eligibility requirements — a migration agent can assess which (if any) you qualify for.
If the original refusal or cancellation is reviewable at the ART, lodge an ART review application within the deadline (generally 21 days). A pending ART review keeps you on a bridging visa onshore and may ultimately set aside the original decision — removing the basis for the section 48 bar. Even if the ART review does not succeed, it preserves your lawful status during the review period and gives more time to assess other options.
The section 48 bar only applies onshore. If you leave Australia and apply for a new visa from overseas, the bar does not apply to that application. However, departure requires care: you must hold a valid visa or Bridging Visa B (BVB) to depart lawfully and, in some cases, a re-entry ban may prevent return. An agent should advise on whether departure is safe given your specific circumstances.
In some exceptional cases, a request for Ministerial intervention under section 195A, 351, or 417 of the Migration Act may be considered. Ministerial intervention is a last resort — it is entirely at the Minister's discretion and not a reviewable decision. It is relevant only in compelling or unique cases and should be explored only after other options have been exhausted.
Common Misconceptions About Section 48
Correct: Section 48 prevents re-applying for the visa that was refused, as well as most other visa types, from inside Australia. Simply reapplying for the same visa from onshore is not permitted.
Correct: The bar applies to onshore applications while you remain in Australia after the refusal or cancellation. If you leave Australia lawfully and return on a new visa, the bar generally no longer applies. It is a situational restriction, not a lifetime ban.
Correct: The 190, 491 and 494 were added to the exempt list in November 2021 — they were not previously exempt. Applications lodged before that date could not use these pathways under the bar. Always confirm the current exempt list.
Correct: The exempt visa pathways and ART review rights mean that, in many cases, options remain available onshore. An assessment of your circumstances by a migration agent may reveal viable onshore pathways you were not aware of.
Correct: The partner visa is exempt from the section 48 bar — meaning it can be applied for onshore. But being exempt from the bar does not mean the visa will be granted. The application must still meet all substantive partner visa requirements. Section 48 exemption only affects the right to apply from onshore — not the merits of the application.
Frequently Asked Questions
This information is general in nature and does not constitute immigration assistance or legal advice for any individual situation. Requirements including occupation lists, fees and processing criteria change without notice.
Nanak Migration Group Pty Ltd makes no representation that information on this site is complete, current or applicable to your circumstances. Nothing here guarantees, implies or represents any visa outcome, approval likelihood or processing time.
Obtain advice tailored to your situation from a registered migration agent or Australian legal practitioner. Navpreet Aulakh, MARN 2619467, is registered with the Office of the Migration Agents Registration Authority.
Information current as at August 2026. Verify all requirements with the Department of Home Affairs (immi.homeaffairs.gov.au) before lodging any application.