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

loco · May 14, 2019 at 4:27 am

hi peng, my wife 189 visa was refused , I and my son were dependant on that application. we are both on different visa at the time of application.my visa got expired during the application process but her visa stiil valid till october.Now we got 190 visa invite, can i apply onshore with them?

    Peng Cheng · May 19, 2019 at 9:32 am

    Hi Loco,
    You need to be offshore when you apply if s48 applies – please see above post.
    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

Faizan khan · May 12, 2019 at 9:13 pm

Hi,
I have applied for the student visa which got rejected and after that I logged an aat review. Then in between I got married with Australian citizens and applied for partner visa onshore which got accepted and issue a bridging visa C but I already got the bridging visa A which I got then, now my review is unsuccessful is my bridging visa C will start after it or that happening I have no clue. If you can help me to understand that would appreciate thanks?????

    Peng Cheng · May 19, 2019 at 9:31 am

    Hi Faizan,
    Sorry but to properly respond to your queries, I’d need to ask some questions and get some information/documents 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

Jasmine · May 10, 2019 at 11:39 pm

Hi Peng, my husband’s student visa was refused. I was dependent on his visa. Now we have bridging visa due to mrt process. I recently got state nomination and planning to apply bridging visa b to apply offshore 489. My question is can he depend my 489 visa application? Thank you

    Peng Cheng · May 19, 2019 at 9:27 am

    Hi Jasmine,
    Generally speaking you can include your dependent family in a 489 visa application.
    PC

Alisha · May 2, 2019 at 6:19 am

Hi Peng,

My 485 visa was refused and I am currently waiting for AAT hearing. I have got 190 invitation and I want to lodge 190 visa, in this case do I need to leave the country and lodge 190 visa?. Furthermore, can I access immigration website offshore to lodge visa. Your view will be appreciated.
Thanx
Alisha

    Peng Cheng · May 2, 2019 at 9:24 am

    Hi Alisha,
    Yes you need to be outside of Australia when you lodge – please see above post.
    PC

Pooh · April 30, 2019 at 2:54 am

Hi peng,
My husband got student visa cacalltion and he applied AAT review but unfortunately today he got Negetive AAT decision. Meanwile his AAT review I got 489 visa and I moved Australia . Can he apply onshore 489 depend visa as my depend ?

    Peng Cheng · May 2, 2019 at 9:26 am

    Hi Pooh,
    No, Section 48 applies so he needs to apply offshore.
    PC

Hong · April 29, 2019 at 9:42 pm

I am currently waiting for my aat review due to student visa get rejected because of gte but I gonna apply tss offshore next month In this case should I attend my class or I can ignore it until I lodge my application and wait for tss outcome thanks

    Peng Cheng · May 1, 2019 at 4:05 pm

    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

Laurice · April 28, 2019 at 8:28 pm

Hi Peng! I hope you could help me with my current situation. I got a visa refusal for my TR visa application and have submitted an appeal. I’m currently on a bridging visa A. I’m trying to lodge for the 190 visa as I just recently got my invitation to apply. However, I couldn’t apply online as the section 48 bar is preventing me to do so. I just applied for a bridging visa B and is now waiting for approval. My question is is there a chance that I will be granted with the bridging visa B? will I be able to apply offshore for my 190 visa and be able to come back to Australia while waiting for my PR application to be processed? I hope you could help me with my queries. I would highly appreciate it! Thank you

    Peng Cheng · May 2, 2019 at 9:26 am

    Hi Laurice,
    It would be up to the Department whether they grant the BVB. If you get it then you can lodge an offshore application.
    PC

Sam · April 21, 2019 at 9:54 pm

Hi peng .. i am on Bva i applied 187 visa offshore and still waiting for result .. can i apply 407 training visa from same employer . And is this effect on my 187 visa waiting.. thanks

    Peng Cheng · April 23, 2019 at 12:54 pm

    Sorry but to properly respond to your queries, I’d need to ask some questions and get some 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 16, 2019 at 11:36 am

Hi Peng,
I got 186 ENS nomination refusal in August 2017 now I am on bridging visa WA010 due to (aat) . Now Last week I got VIC state invite for 190(cook), I called Immigration they told system will stop you if you have any section on file but as I filled visa info I got warning of incomplete application, now I am still in dilemma whether I have to file onshore or offshore.
Thanks

    Peng Cheng · April 23, 2019 at 3:53 pm

    Hi Arun,
    You will need to lodge an offshore application. You can get a Bridging Visa B and lodge offshore. You can then return to Australia and be here when a decision is made.
    PC

      Arun · April 24, 2019 at 4:02 pm

      Thanks Peng

Ricky · April 14, 2019 at 10:52 pm

Dear Peng, I a waiting for an AAT hearing or Court appeal in Australia with a Bridging visa A, May I be to apply for a Bridging visa B which allows me to temporarily leave Australia and to lodge another visa application(such as visa188 overseas), and then return to Australia on my Bridging visa B and remain in Australia while I wait for your AAT hearing or Court without Section 48 Bar?

    Peng Cheng · April 15, 2019 at 1:48 pm

    Hi Ricky,
    Yes, You can get a Bridging Visa B with a Bridging Visa A, and then lodge the application offshore.
    PC

      Ricky · April 15, 2019 at 5:34 pm

      Dear Peng, you show me the hope; but what does this mean: [Section 48(3) For the purposes of this section (which applies only in respect of applications made while a non-citizen is in the migration zone), a non-citizen who, while holding a bridging visa, leaves and re-enters the migration zone is taken to have been continuously in the migration zone despite that travel]?
      is this not the Section 48 Bar to limit the applicant to apply a new visa offshore while waiting for AAT review?

        Peng Cheng · April 23, 2019 at 1:00 pm

        That means that s48 continues to apply if you leave Australia and re-enter.
        PC

Emily · March 20, 2019 at 7:53 am

Hi Peng,l had a previously refused of a partner visa and appling for AAT since last year..in the mean time l met my partner and already having a 3 months old daughter and breast feeding her at the moment .
In my case ,can l lodge another partner visa with compelling reason onshore or have to apply offshore which mean l will need to apart from my child…thanks

    Peng Cheng · March 22, 2019 at 3:32 pm

    Hi Emily,
    If you have had a partner visa refusal while you were in Australia, then you will need to lodge offshore.
    PC

Faizan Khan · February 26, 2019 at 5:20 pm

Hi, my brother has applied for 489 offshore due to section 48( he is on BVA waiting for AAT). Is there any way he can withdraw his AAT and apply for any type of BV while waiting for 489 application to be finalised. Thanks

    Peng Cheng · February 26, 2019 at 6:46 pm

    Hi Faizan,
    Sorry but you can’t get a bridging visa for an offshore 489 visa.
    PC

da da · February 22, 2019 at 1:02 pm

Hi. my partner’s pr application is under appeal which gave him a bridging visa. i recently moved to australia with a work visa and got his dependent work visa as well. can we apply pr visa 189 (me as primary) and include him? it’s been almost a year since he applied his appeal. thanks.

    Peng Cheng · February 26, 2019 at 6:50 pm

    Hi Da Da,
    If your partner is a dependent on your current work visa then you can include him as a dependent on your PR application.
    PC

      Da Da · February 27, 2019 at 1:43 pm

      since his individual pr visa appeal is still in AAT queue, do we need to withdraw it before processing the new pr application (for both of us)? thank you.

        Peng Cheng · March 5, 2019 at 12:54 pm

        Sorry but to properly respond to your queries, I’d need to ask some questions and get some information from you.
        Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice.
        PC

Faiz · February 18, 2019 at 12:05 pm

Hi I have a question I am in process of 885 Visa which is most expected ll grant soon. So my wife is on protection Visa which is refused and in process of RRT can we withdraw my wife’s protection file and add into my 885 file which is still in process. Please advise .thanks

    Peng Cheng · February 26, 2019 at 6:52 pm

    Hi Faiz,
    Sorry but to properly respond to your queries, I’d need to ask some questions and get some 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

sai madhava bandi · February 12, 2019 at 12:26 am

Hi
I had a nomination refusal in 2018 when I applied for RSMS visa in WA and I withdraw the visa application and applied for another RSMS in Tasmania before withdrawing. I am in bridging c visa, can I apply for a student visa before I get a nomination result for the present application? I am doing a diploma course in Tasmania and I am in my last term.

Bridging visa conditions — no conditions
Says on my visa status.
Am I on section 48 bar? I haven’t got any visa refusals so far.

    Peng Cheng · February 13, 2019 at 1:29 pm

    Hi Sai,
    Unfortunately in your situation you can’t lodge a student visa while holding a bridging visa.
    PC

      sai madhava bandi · February 13, 2019 at 5:05 pm

      What if my RSMS rejects and even MRT is also rejected if I go back to my home country and can I apply for 489 or 190 visa with my points if I get an invitation???

        Peng Cheng · February 26, 2019 at 2:24 pm

        You can apply for the offshore 190 or 489 visa if you receive an invitation.
        PC

Rajat · January 27, 2019 at 2:46 pm

hi Peng I have a visa refusal as a student visa dependent and we lost in aat as well. now I am in home country and i have 80 point as a developer programmer can I apply for 189 offshore does my previous visa refusal will affect my 189 visa.

    Peng Cheng · February 2, 2019 at 8:32 pm

    Hi Rajat,
    That would depend on why the Department refused your earlier application.
    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

      Rajat · February 3, 2019 at 5:49 am

      it refuse due to GTE genuine temporary entrant

Kate · January 22, 2019 at 11:14 am

Hi I’m on 457 at the moment and already applied for 186 but 186 was nominations refused. My 457 visa finishing this year. Am I allow to apply TSS onshore or I’m on section 48 bar. Thanks

    Peng Cheng · January 22, 2019 at 3:44 pm

    Hi Kate,
    You can lodge a new application – section 48 doesn’t apply while your 457 is valid.
    PC

Ilaria · January 8, 2019 at 7:35 pm

Hi,
I have a quick question, my partner on bridging visa C awaiting his AAT hearing outcome for 866 protection visa. I am applying 485 end of year and recently we are married ( I’m French and he is Iranian) I wonder if it’s possible for him to withdraw from AAT leave offshore and i lodge our 485 here onshore along with him and wait for us to get visa ? Will there be any issue considering he had protection visa refuses, he has no offence, or any negative things- he has completed his masher here.

    Peng Cheng · January 17, 2019 at 9:08 pm

    Hi Ilaria,
    I can’t provide advice about whether you meet the requirements for a 485 visa as the protection visa may potentially cause issues.
    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

Sinead · December 4, 2018 at 12:19 pm

Hi! In the case of a 457 refusal and at the AAT, would this be an option to lodged a TSS visa overseas and return?

    Peng Cheng · December 6, 2018 at 1:35 pm

    Hi Sinead,
    You may be able to lodge an offshore application in that situation.
    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

      Domingo · January 19, 2019 at 1:38 am

      Hi Peng,

      Similar situation as mine. My 457 visa was refused, the nomination refused as well. Currently waiting for the hearing by the AAT, unfortunately employer doesn’t want to attend and asked me to quit the job. I am still on Bridging A visa, am I allowed to lodge a TSS visa under the DAMA policy onshore? Thanks.

        Peng Cheng · January 22, 2019 at 3:46 pm

        Hi Domingo,
        Unfortunately Section 48 applies so you will need to lodge an offshore application.
        PC

Dayo · October 6, 2018 at 2:45 pm

Thanks for the information. I am just wondering if under condition 1026i, only the primary applicant can go offshore to apply for a new visa leaving the dependents in Australia while waiting for decision of the appeal

    Peng Cheng · October 13, 2018 at 12:38 pm

    Hi Dayo,
    Section 48 applies to each individual, so only the individuals who are overseas can make an application for an offshore visa.
    PC

      Dayo · October 17, 2018 at 4:27 pm

      Many thanks for your reply

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