Section 48 Bar
When you are in Australia and, after your last entry, your visa was refused or cancelled, and you currently do not hold any substantive visa, the s48 bar (commonly called “Section 48 bar”) will apply. Once triggered, you cannot apply for most visas onshore unless they belong to the prescribed classes; otherwise, you must normally depart and lodge offshore.
About Section 48 Bar
Under Migration Act 1958 Section 48, if a visa applicant or holder has had a visa refused or cancelled after their most recent entry to Australia and currently does not hold a substantive visa, they cannot lodge most visa applications onshore.
Exceptions include certain visas such as onshore partner visas, protection visas, bridging visas, and since the November 2021 legislative amendment, the 190, 491, and 494 visas.
The original purpose of Section 48 was to prevent applicants from repeatedly lodging new visa applications onshore as a way of remaining in Australia long term.
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Legal basis: Migration Act 1958, Section 48.
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Core effect: If you are onshore, not an Australian citizen, and do not hold a substantive visa, and you have had a visa refused or cancelled since your last entry, you cannot apply for most onshore visas (except those specifically prescribed by law, e.g. partner, protection, bridging, 190/491/494).
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Relationship with appeals: s 48 is a validity threshold rule. Lodging an appeal itself does not remove the s 48 bar. Only if the appeal results in the refusal/cancellation being overturned or remitted, and you regain a substantive visa, can the s 48 restriction potentially be lifted.
When Does s48 Apply
s48 is triggered in the following situations:
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The applicant is in Australia;
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The applicant does not currently hold a substantive visa (e.g., only holds a Bridging visa A/B/C/D/E);
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Since the last entry into Australia, the applicant’s visa application was refused or a visa was cancelled;
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If the above conditions are met, any attempt to lodge most visa applications onshore will be invalid due to s48 (invalid application).
Consequences
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Onshore restriction: With the exception of a limited number of visas specified by law, new visa applications cannot be validly lodged onshore.
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Offshore lodgement required: To continue with a visa process, applicants usually need to leave Australia and re-lodge offshore (note travel and re-entry arrangements, bridging visa types, etc.).
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Travel limitation: Only BVA holders may apply for a BVB to exit and re-enter. BVC/BVE generally do not have travel rights, meaning once departed, re-entry is not possible.
Eligible Visas
Under the Migration Regulations and legislative instruments (reg 2.12 / Schedule 1 “prescribed classes”), the s48 bar does not block all visas. Some categories can still be lodged onshore (subject to legislative updates):
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Protection visa (subclass 866)
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Medical Treatment visa (subclass 602) (in certain circumstances)
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Bridging visas A/B/C/D/E (although not substantive visas, in some contexts they may still be lodged)
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Other classes specified by law (e.g., temporary concessions during the pandemic; such measures are time-limited).
Since November 2021, applicants affected by s48 may also lodge the following skilled visas onshore:
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Subclass 190 – Skilled Nominated visa
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Subclass 491 – Skilled Work Regional (Provisional) visa
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Subclass 494 – Skilled Employer Sponsored Regional (Provisional) visa
Special note: The onshore partner visa (subclass 820) is usually not included in the s48 prescribed classes. However, if an applicant under s48 lodges an 820, they must succeed in obtaining a Schedule 3 waiver at the time of assessment to ensure the application can proceed.
Common Misconceptions
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“I still have a bridging visa, so I can lodge any visa onshore.”
Wrong. Bridging visas are not substantive visas, so s48 can still apply. -
“Appealing will automatically remove s48.”
Wrong. Only if the appeal succeeds (original decision set aside/remitted) and you regain a substantive visa, can s48 be lifted. -
“If I leave, I can always come back.”
Wrong. Except for BVB holders, most bridging visas have no travel facility; once you leave, you may not be able to return. -
“If I get state/territory nomination or employer sponsorship, I can lodge onshore.”
Wrong. Nomination does not override s48’s validity bar.
s48
vs
s48A
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s48: Applies to those whose visa was refused or cancelled after last entering Australia, and who do not hold a substantive visa. Restricts most onshore visa applications.
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s48A: Applies specifically to partner/prospective marriage visa refusals. Prevents re-lodging the same visa type onshore unless a special waiver applies. They are separate but may overlap in effect, impacting strategy.
Frequently Asked Questions
If I am already in Australia, just had my visa refused, and only hold a bridging visa, can I immediately lodge another onshore visa application?
Generally no. If s 48 applies, unless the new visa is one of the prescribed classes in the regulations, your onshore application will be invalid.
If my visa was refused while I still held a substantive visa, does Section 48 apply?
No. For example, if you hold a student visa and applied for a 485 visa, but it was refused due to missing an English test, yet your student visa was still valid at the time of refusal — Section 48 will not apply. You can still apply for any eligible visa.
If I depart and lodge offshore, does s 48 still affect me?
No. s 48 is strictly an onshore bar. Offshore applications are not affected, but you must still meet the specific visa criteria, health, and character requirements.
Can I “get around” s 48 by securing state nomination (190/491/494)?
No. Nomination or sponsorship does not override the s 48 validity bar. If the visa is not in the exempt list, the application must be lodged offshore or you must wait for future policy changes.
During an appeal, can I lodge another visa onshore?
Not automatically. Only if the appeal results in the refusal/cancellation being overturned or remitted, and you regain a substantive visa, will you then escape s 48 restrictions.
I currently hold a BVC/E. If I depart to lodge offshore, can I come back?
Normally no. BVC and BVE do not carry travel rights. Once you leave Australia, you cannot re-enter. This is why re-entry planning (such as securing a valid travel visa) must be done before departure.
If I simply withdrew my application, does that trigger s48?
No. A withdrawal does not count as a refusal. However, you must check if you have any other refusals or cancellations in your history that may still trigger s 48.
The exemption list was temporarily expanded (for example during COVID). Can I still rely on that?
No. Temporary concessions usually have an expiry. Most of those COVID-era relaxations are no longer valid. Only current legislative instruments apply.
If my refusal was for submitting bogus documents, does that only trigger Section 48?
No. If refusal was due to bogus documents or misleading information, you will also trigger PIC 4020, which can bar you from applying for most Australian visas for 3–10 years.
If my visa was refused due to criminal records, does s 48 still apply?
Yes, and more. You will be impacted not only by Section 48 but also Section 501F, which cancels any existing visas (including bridging) and makes you unlawful immediately. Section 501E then prevents you from applying for any further visas (other than Protection) while in detention as an unlawful non-citizen. During this time, no bridging visa is available — you remain in immigration detention until your protection visa is granted or you are removed.
Note: This FAQ is general information only and not legal advice. Settings (e.g., eligibility tests, exemptions, and evidentiary rules) can change; always check the latest legislative instruments before applying.
