Section 48 | Bar on visa application

Updated with 13 November 2021 changes lifting Section 48 from three skilled visas – 190, 491 and 494 visas.

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If your visa was refused or cancelled and you currently hold a Bridging visa, then Section 48 bars a new visa application while you are in Australia.

 

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).

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.

Exceptions to Section 48

 

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

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  • 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

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  • Partner visas
  • 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)
Comments

181 Comments

Sonia · July 20, 2018 at 10:06 am

Hi, I have won my federal case before hearing date, as I received a mail my case is now again with AAT. So can I apply for 489 or 190 if I would fulfil the requirements as Section 48 also applies. If it’s possible to apply from offshore I will do it. Currently I am on bridging A. Please advice can I apply from offshore any visa from 489 or 190.
Thanks

    Faizan Khan · February 26, 2019 at 5:12 pm

    how did you go ? did you apply offshore ?

Syed · June 28, 2018 at 11:58 pm

My student visa was refused in 2017 and I am waiting for my AAT decision and I have received my EOI invitation yesterday for sub class 189. I am also familiar with Sec 48 but my wife is pregnant and she can’t travel with her condition, we have all supportive documents for that claim which we are making here, is there any exception on medical conditions which can help to lift that sec 48 bar ?

    Peng Cheng · June 29, 2018 at 10:56 am

    No sorry.
    PC

duonghyl · June 28, 2018 at 12:41 pm

Hi,

I am on BVA, my visa was refused and I am waiting for AAT’s decisions. My girlfriend is going to apply visa 485 on this July. So, can I apply dependant visa with my girlfriend at the same time or I have to wait until her visa is granted and then I could apply dependant visa 485. Please, help me.

Best regards,

    Peng Cheng · June 29, 2018 at 10:53 am

    Hi Duonghyl,
    Sorry I can’t provide advice about your visa application 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 your visa options.
    PC

    Xaqtr · December 30, 2018 at 2:07 pm

    Hi duonghyl

    How did you go with your 485 application with your girlfriend
    I’m in the same situation as your.

    Thanks

Redd · June 26, 2018 at 9:18 am

Hi this is Johnny, my student visa got cancelled in may 2016 with no period of exclusion, can I apply for 476 visa.. please let me know

    Peng Cheng · June 26, 2018 at 10:37 pm

    Hi Redd,
    Hope for your understanding that I would need to spend a bit of time with you to get relevant information from you and properly answer your queries and provide advice.
    Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
    PC

like wang · June 25, 2018 at 12:51 pm

hi this is coco. My extension student visa got refused on dec 2017. I applied for AAT. And holding bridging A I already finished my course that I applied. Can I apply for another student visa or 485 visa during the AAT.
If I can do I have to withdraw my application with AAT ?
Thank you

    Peng Cheng · June 26, 2018 at 12:22 am

    Hi Coco,
    Hope for your understanding that I would need to spend a bit of time with you to get relevant information from you and properly answer your queries and provide advice.
    Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
    PC

    Xaqee · August 8, 2018 at 7:43 am

    Hey coco.
    I’m in the same situation as yours.
    Can you please let me know about your further process like what visa you applied after graduation??
    Thanks

      like wang · August 13, 2018 at 1:39 am

      i have to continue student visa. and have to go for a upper level

Ali · June 17, 2018 at 11:34 pm

Hi what happen if i won my aat appeal in this case can i apply bridging visa for my offshore application

    Peng Cheng · June 18, 2018 at 11:35 pm

    Hi Ali,
    Unfortunately I can’t provide advice 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 your visa options.
    PC

mimi · June 13, 2018 at 7:13 pm

Hi, This is mimi. my query about partner visa. i apply for extension of my student visa and now im on bridging visa A and im planning to apply for partner visa, am i available to apply partner visa while im on bridging visa and waiting for the decesion for my student visa? because im worrid that immigration may cancel my visa due to that i cant provide the additional requirement that they asking to me.

Selly · April 28, 2018 at 2:01 pm

Hi,
This is selly. Actually my query is about student visa refusal.
I have student visa refusal and now I’m on MRT.
I came in Australia on 573 in master course and after 8 months I changed my course and I did diploma.
When I applied for student visa extension. I couldn’t get COE of master degree course so I had to get advanced diploma and bachelor of business COE.

The reason was given for refusal that I changed my study to lower lavel and I was holding bachelor degree COE to apply student visa extension which is lower than masters.
So can I ask do I have to study bachelor of business until the decision Is made on my MRT.
Can I study diploma of business instead of bachelor because I don’t know what would be MRT decision so I don’t want to pay bachelor fee which is expensive.
Thanks
Selly

    Peng Cheng · May 4, 2018 at 9:41 pm

    Hi Selly,
    You would need to check your current visa for your visa conditions, and if you currently have any student obligations.
    PC

      Jassi · May 7, 2018 at 2:28 pm

      Students visa refused

      Danzel · May 19, 2018 at 6:02 pm

      Hello Peng, my girlfriend recently got a visa refusal. The story is that my girlfriend graduated in July 2017 in her bachelor degree. She then continued her studies in her one-year honours year and is due to graduate this July 2018. However an honest mistake she made was that she applied the visa 485 with her bachelor degree (graduated in July 2017) and therefore a refusal of the 485 visa.
      My question is that, is she able to apply again on the 485 visa? This time of course with all the correct document/requirement of the 485?
      Her student visa ends at the end of August 2018 and she graduate in early July. Would she able to apply for 485 onshore and does section 48 applies on her case? Thank you.

Sandeep Singh · April 28, 2018 at 1:35 pm

Hi Peng,
My name is Sandeep Singh. I have some queries regarding my visa. My visa was refused in jun 2017 and I’m on AAT, waiting for the decision.
I have positive skill assessment as (electronics engineer).
And I can claim 60 points. But with these points. It’s difficult to get invitation. So I’m planning to apply 489 visa to get 10 extra points.
My queries are that-
* can I apply 489 visa on AAT.
* do I have to study one year in regional area to claim 10 points from 489.
* if I have to study one year in regional area so can I study on AAT before the decision is made.
I look forward to hearing from you.
Thanks
Sandeep

    Peng Cheng · May 4, 2018 at 9:40 pm

    Hi Sandeep,
    I’m sorry but this is a rather complicated matter that you are asking about.
    Unfortunately I can’t provide advice 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 your visa options.
    PC

Ravdeep · April 26, 2018 at 9:45 am

Hi
This is Ravdeep. I got student visa extension refusal im 2017 . My case is in mrt.i lodged my 187 visa and went back to india. Can i come back to australia?

Farhan · April 20, 2018 at 9:43 pm

Hello. My name is farhan. I got my student visa refused 4 days ago and I am now about to lodge an appeal for MRT. Just yesterday i got my ACT nomination from ACT home affairs. I want to ask, can i still apply for 190 offshore? If so, then would it be possible for me to come back on the bridging that i will get after applying for the appeal (obviously I’ll get bridging B to travel). Please anwer this question.
Regards

    Peng Cheng · April 21, 2018 at 10:17 pm

    Hi Farhan,
    Yes you may be able to do that.
    Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
    PC

sammy · April 17, 2018 at 12:56 pm

HELLO my name is sammy i am on aat of 187 refusal but i already applied new 187 offshore . if i cant win AAT of 187 refusal can i get briging visa c behalf of my new 187 offshore application thanks

    Peng Cheng · April 21, 2018 at 10:01 pm

    Hi Sammy,
    No sorry you can get a bridging visa for offshore applications.
    PC

Bharadwaj · April 12, 2018 at 9:40 pm

Hello,

I hold a current student visa and my husband’s student visa was refused at the time applying for an extension. Before the decision was taken, he finished his master’s and now got his AAT decision as affirmed. My question is: Can he apply to be my dependent as I have a valid student visa here and stay here? Or do we have to re appeal to the federal and apply for BVB and goto home country and apply for a partner visa and re enter Australia. Will be waiting for your response. thank you.

    Peng Cheng · April 14, 2018 at 1:07 pm

    Hi Bharadwaj,
    I’m sorry but it would take me a bit of time to answer your queries since these aren’t really simple ‘yes or no’ questions. There are a few legal complications that I would need to explain in my response, and I would also need to spend some time to get relevant background history and information from you.
    Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
    PC

Gabriela · April 10, 2018 at 11:50 pm

Hi Peng,
Got a student visa refused in October 2016, appealed and the AAT refused it again; could I still apply for a partnership visa onshore considering I haven’t held a substantial visa for so long?
Thank you so much for your help!

    Peng Cheng · April 14, 2018 at 1:06 pm

    Hi Gabriela,
    You may be able to lodge a valid partner visa when you are in Australia.
    However, if you currently hold a bridging visa when you lodge your partner visa in Australia, then you need to satisfy the additional requirements of demonstrating that there are compelling reasons for the grant of your partner visa – these are called ‘Schedule 3’ requirements.
    Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
    PC

saraa ali · April 8, 2018 at 9:16 am

hi, my name is sama
i came to Australia on 457 visa in July 2016, i was working for a company for 6 months and after that the company didn’t renew my contract and i searched for other sponsor , my nomination was filed in Feb 2017 , after waiting for 11 months i got a refusal letter from the immigration department stating that the company’s turnover is not satisfactory in January 2018. Within 60 days of getting this refusal letter , i applied for student visa on march 10 and awaiting my student visa , In the mean while i got a letter from department that i breached my 457 visa condition as i was not working for more than 90 days ,i have 5 business days to respond.what i can do , i have not breached visa condition as i have applied for the nomination within 90 days firstly and after refusal i applied for student visa within 90 days but in the letter sent by department they only mention about the first company i came on ..Please help what best i can do.

    Peng Cheng · April 12, 2018 at 4:25 pm

    Hi Saraa,
    I’m sorry but it would take me a bit of time to answer your queries since these aren’t really simple ‘yes or no’ questions. There are a few legal complications that I would need to explain in my response, and I would also need to spend some time to get relevant background history and information from you.
    Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
    PC

Arun · April 6, 2018 at 9:23 pm

Hi,

My name is Arun. I am in need of information what can be done on my visa refusal back in 2013.
I have applied for student visa in 2013, due to some family issues, own family members itself they had filed a case on me also on my family memebers due to family issues, and they same has informed about it to the visa officer.

Visa case officer has asked me to reply back giving reason and I could not reply back since I missed out to check the mail, they have taken their decision for not responding back and stated that I am not a bonafed student and also since I have police case. They have rejected that under A5 45 section.

( The significance of the false information provided in the application form is
substantial, as acceptance of this information as genuine could have had a positive
influence on the application. You have not provided any information to demonstrate
the existence of extenuating circumstances to justify making an exception to the
character requirement (A5.45b). )

What can be done now to revoke that bad remark on me now.

Please do help.

Thank you.

    Peng Cheng · April 7, 2018 at 1:34 pm

    Hi Arun,
    I’m sorry but it would take me a bit of time to answer your queries since these aren’t really simple ‘yes or no’ questions. There are a few legal complications that I would need to explain in my response, and I would also need to spend some time to get relevant background history and information from you.
    Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
    PC

Tiajuana · April 1, 2018 at 12:04 pm

Hi, my partner got deported last year november Back to NZ under section 116, just want to know when he is able to apply for a visa to come back to aussie & what visa to apply for? I really dont know who to see or talk to about this situation

    Peng Cheng · April 7, 2018 at 1:53 pm

    Hi Tiajuana,
    I’m sorry but it would take me a bit of time to answer your queries since these aren’t really simple ‘yes or no’ questions. There are a few legal complications that I would need to explain in my response, and I would also need to spend some time to get relevant background history and information from you.
    Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
    PC

Nishith Prajapati · March 30, 2018 at 10:15 pm

Hi Peng,
Me and my wife came to Australia on student visa in December 2015. After completing 3 trimeater, we got the opportunity to apply PR by Visa 187 in January 2017. Later on, in November 2017, my wife leave the study(student visa finishes as well)and we moved to bridging visa A. Now, my employer doesn’t want to continue and he withdraw our nomination(note that it’s not rejected) just 3 days before. Now, we have two option, either we can withdraw our file within 28 days or it will be rejected after that time. So, meanwhile, can she again apply for student visa if we withdraw our file? Do we need to go offshore to apply student visa again or we can apply onshore? As she wanted to finish her study. Thanks

    Peng Cheng · April 7, 2018 at 1:54 pm

    Hi Nishith,
    You can’t apply for a student visa as a bridging visa holder. You need to be offshore.
    PC

Rozetta Moses · March 26, 2018 at 2:33 pm

Hi Peng,

My Post Graduate Work VISA expired on 13 November 2017. I was trying to obtain the necessary IELTS score but wasn’t successful. Because I wanted to stay in Australia, I applied for a Diploma in IT. (I had previously finished a Master in Commerce). My student VISA got rejected in January 2018 just as I got the necessary IELTS results! I have applied for a MRT. My partner who is planning to apply for a Master in Teaching in June 2018.
my questions are:
1. Can I be a dependant on my Partner’s student VISA even though I have a Bar 48 on my visa?
2. If he adds me on his application, will it be rejected? Will it negatively affect my partner’s chance of getting his visa?
3. Do I have to be overseas for him to add me on his application? He’s applying as an on-shore applicant.

Thank you

    Peng Cheng · March 28, 2018 at 4:00 pm

    Hi Rozetta,
    I’m sorry but it would take me a bit of time to answer your queries since these aren’t really simple ‘yes or no’ questions. There are a few legal complications that I would need to explain in my response, and I would also need to spend some time to get relevant background history and information from you.
    Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
    PC

Heli shah · March 19, 2018 at 9:22 am

Hi peng,

We are lodging 190 visa offshore due to our MRT for 187 visa. My query is we are going only for 5 days to our country and coming back on bridging visa b. Is that ok to lodge offshore file during those 5 days..
Thanks.

    Peng Cheng · March 22, 2018 at 8:53 pm

    Hi Heli,
    Yes you can lodge once you have left Australia and then return.
    PC

Comments are closed.