Section 48 bar – Does this prevent your visa application?

Lady writing on notepad. Section 48

If you have had a visa refusal or cancellation and you are currently in Australia as a bridging visa holder (or you do not hold any visa and you are currently unlawful), then Section 48 bars you from lodging a further visa application while you are in Australia.

Leaving Australia as a Bridging visa B holder does not allow you to avoid the application of Section 48 (i.e. you cannot leave and return to Australia on a Bridging visa B, and then lodge another visa application if Section 48 applies).

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Section 48

Section 48 would only apply if you are currently in Australia and you do not currently hold a ‘substantive visa’. Any Bridging visa would be a non-substantive visa, which means that Section 48 would apply to you if you have had a visa refusal or cancellation since you last entered Australia. Hence, Section 48 would not apply if you still currently hold a valid student visa, visitor visa, working holiday visa etc. These are all substantive visas. Non-substantive visas are only the following visa categories:

  • Bridging visas
  • Criminal justice visa
  • Enforcement visa

Section 48 also does not apply if your visa refusal relates to a bridging visa application, or if the visa was refused because of character requirements under Section 501 of the Migration Act.

Lighthouse. Section 48.

Exceptions to Section 48

Girl studying in library. Section 48 bar

The following are the only visas which are exempted from the application of Section 48 – hence you may still be able to lodge a valid visa application for the following visa categories:

 

Skilled visas.

  • 190 visa – State sponsored permanent residency visa
  • 491 visa – State sponsored regional temporary visa (that can lead to permanent residency)
  • 494 visa – Regional employer sponsored temporary visa (that can lead to permanent residency)

If you receive a State sponsorship invitation for the 190 or 491 visa, or you have employer sponsorship and you can lodge the Regional employer sponsored 494 visa, then you can go ahead with your visa application as onshore application – even if you earlier had a visa refusal and you currently hold a Bridging visa A, B or C.

 

Non-skilled visas.

  • Partner visas – Schedule 3 would apply
  • Bridging visas
  • Medical treatment visa
  • Resolution of Status visa (temporary and permanent)
  • Territorial Asylum visa (Residence)
  • Protection visa
  • Subclass 444 for New Zealand citizens
  • Child visa (Residence)
  • Border visa (Temporary)
Peng Cheng - Migration Agent, Sydney

Peng

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Over 15 years of specialised visa and migration law experience. We have a long history of high approval rates with complex applications and Tribunal appeals.

We can generally guarantee approval for most types of applications. We will refund you our professional fees if your application is refused. Terms & conditions apply.

We are with you all the way, and we will help you prepare the best application possible.

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Qualifications

Registered Migration Agent (MARN: 1172863)

Bachelor of Laws (Hons) – University of Sydney

Bachelor of Economics – University of Sydney

Comments

193 thoughts on “Section 48 bar – Does this prevent your visa application?”

  1. Raj

    Hi I have applied protection visa after my student visa refuse. Now my protection visa refused. And I am on bridging visa C I have not applied for AAT yet. Can u tell me if there is any way to stay thanks

    Reply
    1. My Access Australia

      Hi Raj,
      Unfortunately, I can’t provide advice just based on your comment information.
      Please feel free to book a consultation time if you need assistance.

      Reply
      1. Pizaa

        Hi,
        My 485 visa application has been refuse. however, i made an appeal. am currently working. would it be possible to lodge 482 visa while onshore?

        thanks

        Reply
    1. My Access Australia

      Hi Carla,
      Unfortunately, you can’t lodge the 494 visa if you are in Australia and hold a BVE.
      Following is copied from the Department’s website:

      If you are applying in Australia, you must hold either of the following visa otherwise your application will not be valid:
      a substantive visa, or
      a Bridging visa A, Bridging visa B or Bridging visa C

      Reply
  3. Mohsin Abbas

    Hi Peng,
    I have a question, would be great if you answer. I have applied for student visa 500 onshore, currently I have 485 visa, if my student visa got rejected can I still lodge a 491/190 visa onshore, even if my 485 finished? Thanks

    Reply
    1. My Access Australia

      Hi Mohsin,
      The following are the only visas which are exempted from the application of Section 48 – hence you may still be able to lodge a valid visa application for the following visa categories:
      Skilled visas
      190 visa – State sponsored permanent residency visa
      491 visa – State sponsored regional temporary visa (that can lead to permanent residency)
      494 visa – Regional employer sponsored temporary visa (that can lead to permanent residency)
      If you receive a State sponsorship invitation for the 190 or 491 visa, or you have employer sponsorship and you can lodge the Regional employer sponsored 494 visa, then you can go ahead with your visa application as onshore application – even if you earlier had a visa refusal and you currently hold a Bridging visa A, B or C.

      Reply
  4. kavita

    Hi Peng,
    My partner is holding BV A and he is waiting for his AAT appeal. What if he withdraws his appeal and apply from offshore as my 482 subsequent entrant? Will he be eligible to apply?
    Many thanks on previous reply.

    Reply
    1. My Access Australia

      He can lodge the visa application when he is outside of Australia.
      Unfortunately I can’t provide advice about visa eligibility just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to visa options.

      Reply

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