Section 48 – Does this prevent your visa application?

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).

Martin Place in Sydney NSW. Section 48 after visa refusal or cancellation

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

.

  • 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

.

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.

.

Qualifications

Registered Migration Agent (MARN: 1172863)

Bachelor of Laws (Hons) – University of Sydney

Bachelor of Economics – University of Sydney

Comments

181 Comments

Angela · September 6, 2019 at 1:39 pm

Hi,
I got my student visa refused and waited for AAT hearing/ decision but my partner – my visa dependent has got approved 489 visa. Can we apply onshore or we have to leave Australia to apply for 489 visa? Please advise

    My Access Australia · September 7, 2019 at 11:19 pm

    Hi Angela,
    If Section 48 applies then you need to lodge offshore – please see above post.

Sam · August 21, 2019 at 3:50 am

Hi
I have student visa refusal and currently waiting onshore for Aat hearing. I am on AAT(mrt). My wife is also planning to lodge her student visa file from overseas.
My question is: will she be eligible to get student visa ?
I am worried that my past history means I am on mrt onshore will not affect her Student visa process. Or it will not raise as question to GTE requirement that I did not get visa, so my wife is planning to get one something like that.

Pls advice
Thanks

    My Access Australia · August 25, 2019 at 6:47 pm

    GTE is a broad and discretionary requirement – 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.

Joy · August 19, 2019 at 8:38 pm

Hi! I’m still waiting for my AAT result as I was refused to extend my Student visa before and now I finished my bachelor already and there is still no result from Tribunal(lodged 8/2017). I currently have a BVE and wanting to apply for Post-Graduate visa. Can I apply for Post-graduate visa?

    My Access Australia · August 25, 2019 at 6:40 pm

    Hi Joy,
    Sorry but you can’t apply for a 485 visa in Australia while you hold a BVE.
    PC

Despina · August 16, 2019 at 6:45 pm

Hello
I have had my previous 457 visa cancelled due to not finding a new employer/ nomination and ceasing work. I did appeal to the tribunal and now holding a bridging E with full working rights due to the cancellation of the 457. Can I withdraw my AAT hearing application and apply for student visa ? If yes , should I do this onshore or offshore ?
Thank you
Despina

    My Access Australia · August 17, 2019 at 3:40 pm

    Hi Despina,
    Sorry but you can’t lodge an onshore student visa as a BVE holder.
    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.

Yufu · August 14, 2019 at 11:10 am

Hi there,

I am currently on my BVA waiting for my 186 appeal. Is it possible for me to apply BVB to go offshore for a few days and lodge 494 visa offshore and then come back to Australia and wait for both the 186 appeal and the offshore 494? As both visa are employer sponsor type, will it be contradictory and risky for each other’s process? Pls advise. Thank you!

    My Access Australia · August 17, 2019 at 3:35 pm

    Hi Yufu,
    Yes you would need to lodge offshore.
    It would be best to contact us if you need consultation and advice in relation to your application. It isn’t really possible to obtain the information/documents that we need, or provide detailed advice via these comment fields which are intended for short/specific queries.
    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.

Jass · August 10, 2019 at 6:42 am

Hi my 457 visa finished then i apply 482 visa as cook from same employer same position but i got 482 visa refusel. Currently i hold bridging visa A. Now i got 6 each band. Can i apply 186 trt visa i am working from 3 years full time with same employer thanks

    My Access Australia · August 17, 2019 at 3:27 pm

    Hi Jass,
    It would be best to contact us if you need consultation and advice in relation to your application. It isn’t really possible to obtain the information/documents that we need, or provide detailed advice via these comment fields which are intended for short/specific queries.
    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.

Sam · August 8, 2019 at 3:44 pm

Hi,
I had student visa refusal, I am on Aat at the moment. My question is that my wife is planning lodge her student visa from overseas. If she will be granted visa then will it be possible for me in the future to go on her student dependant visa (subsequent entrant) while waiting for my mrt appeal onshore ??
Or
I will have to get bridging visa b and apply from offshore???
Thanks

    My Access Australia · August 17, 2019 at 3:21 pm

    Hi Sam,
    You may be able to apply for a dependent student visa but you would need to lodge this as an offshore application if s48 applies – see above post.

loco · August 7, 2019 at 6:13 pm

Hi there,
I am on BVA at the moment, I was refused for visa 189 in march, I and my family appeal to AAT April 2019. Please do anyone knows how long it usually takes for AAT to act on this file.

Subhan · August 6, 2019 at 12:16 pm

Hi there,
I am in need of some advice.

I have had a student visa refusal and I am still awaiting my AAT’s hearing.I am currently in Australia on BVB. I recently received an invitation for 489 visa and I have to apply by 7th September at the latest. I tried applying online from within Australia but the system did not let me to proceed. I have been told that I can apply fro 489 from overseas on my BVB and then come back to Australia to attend my hearing. Is this correct?

Thank you
Subhan

    My Access Australia · August 7, 2019 at 5:56 pm

    Hi Subhan,
    You can lodge when you are outside of Australia yes.

    Flora · August 13, 2019 at 1:53 pm

    hi, Subhan. I’m in the very same situation as yours. I thought I was on BVA, and I just found that I’m also on BVB when I was checking my VEVO. How is going on? Did you successfully apply the 489 offshore on BVB and then come back to AU? My email is eveer213@gmail.com.Tell me how is going. Hope everything is going well with you. I look forward to your good news. cheers.

Zee · August 3, 2019 at 4:07 pm

Hi there,

Very helpful article. Just a question bit different to this. I am currently on BVA (non substantive visa). On BVA, can I apply for 180, 190 onshore or have to depart to apply for substantive visa? I have full rights. And it’s not AAT, MRT applied BVA. Thanks.

    My Access Australia · August 3, 2019 at 8:01 pm

    Hi Zee,
    You need to apply outside of Australia if you’ve had a visa refusal – please see above post.

Moon · July 23, 2019 at 8:46 pm

Hi, I lodged my 190 application, and currently on 457 visa,if for some reason my 457 cancelled will it affect my 190 Application?

    My Access Australia · July 26, 2019 at 9:44 pm

    Hi Moon,
    It would be best to contact us if you need consultation and advice in relation to your application. It isn’t really possible to obtain the information/documents that we need, or provide detailed advice via these comment fields which are intended for short/specific queries.
    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.

      Nick · August 3, 2019 at 10:33 pm

      Hi there my name is nick my question is I been in Australia 15 years and I have 4 kids Australian citizenships and my wife is Australian and I have 48 bar and I can’t apply onshore visa and I can’t leave my kids and go apply offshore and I’m in bve visa what can I do in this case thanku

        My Access Australia · August 7, 2019 at 11:26 pm

        Hi Nick,
        It would be best to contact us if you need consultation and advice in relation to your application. It isn’t really possible to obtain the information/documents that we need, or provide detailed advice via these comment fields which are intended for short/specific queries.
        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.

Faizan Khan · July 22, 2019 at 12:52 pm

Hi,
For some reason my recent BVB which I got granted is “Not active”, and my previous BVB is still “ACTIVE” which has got must not arrive after 28th FEB 2019. Not sure if I travel overseas the new BVB is gonna kick in or not? Please help

    My Access Australia · July 26, 2019 at 9:36 pm

    I’d need to have a look at your documents to provide advice. You can speak with the Department if you wish.
    Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need assistance.

Sarojani LATA Jattana · July 20, 2019 at 9:29 pm

hi there ,i am a NZ citizen ,Been living in Australia for the past 5 years .I applied for my husbands 461 partner visa which has been declined .My husband lived in Australia for 9 years before moving to NZ .We have a 5 year child together .Is there any hope for re appeal .Letter states no appeal .

    My Access Australia · July 26, 2019 at 9:42 pm

    Hi Sarojani,
    I’m sorry to hear about your refusal.
    It would be best to contact us if you need consultation and advice in relation to your application. It isn’t really possible to obtain the information/documents that we need, or provide detailed advice via these comment fields which are intended for short/specific queries.
    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.

jojo · July 20, 2019 at 12:09 am

Hello,, kindly help me out in my question , if my student visa extension get refuses and i go for MRT, till the time obviously i will stay on bridging appeal visa, while staying on appeal and waiting for decision will this allow me to continue my study and complete course as em enrolled and studying? Also will appeal status affect my dependent work rights till we receive any decision? or our study n work rights will remain same till we receive any decision? reply to my question em much worried

    My Access Australia · July 26, 2019 at 9:41 pm

    Hi Jojo,
    Sorry but I can’t say just based on your comment information – this depends on your bridging visa and the conditions that apply to it.
    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.

Ben Cheng · July 10, 2019 at 4:03 pm

Hi
I applied for AAT review last year as I had a visa refusal before. While waiting for AAT, I was granted 482 visa early this year and I then returned to Australia with my 482. My question is what will happen to my 482 visa when I withdraw my AAT review for my previous visa refusal?
Many thanks.

    My Access Australia · July 11, 2019 at 8:02 pm

    Hi Ben,
    Withdrawing the appeal shouldn’t have any impact on your current visa.

Nur Nadhira · June 22, 2019 at 6:51 am

I would like to enquiry regarding our visa (bridging visa A & ongoing review). My partner and I are planning to withdraw our current visa and going back to our country Malaysia this August. I would like to know if we can return back to Australia after we withdraw our BVA and apply other visa that applicable for us to work and live in Australia. Thank you and I’m looking forward to hear from you soon.

    My Access Australia · June 24, 2019 at 4:26 pm

    You might be able to lodge offshore, depending on the visa requirements. I can’t tell whether you are eligible just based on the information you have provided. 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.

Jashan · June 16, 2019 at 1:59 am

Hi Peng

My daughter is 4 months old now and my agent didnt included her in my visa application that was for student visa extension. Currently I am on student visa that will be expire on 21st july 2019 however my daughter hold bridging visa E.further I am going to apply 485 visa.Is it possible to include her in my application onshore?

    My Access Australia · June 19, 2019 at 12:40 pm

    Hi Jashan,
    You can’t lodge onshore for your daughter because you can’t lodge on a BVE. You may be able to lodge her application offshore.
    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.

Nisha dev · May 27, 2019 at 8:50 pm

Hi
My brother have 4 kids and he recently got his divorce. Her wife is not well to look after the kids. So my brother got the custody of kids. He wants someone to look after the kids as they are too young. Can he apply for carer visa(sub class 836) for me and my husband.
Please give me your contact details

Jlo · May 18, 2019 at 8:30 pm

Hi Peng,
I have had my previous 457 visa cancelled due to not finding a new employer/ nomination and ceasing work. Before that, I have filed a Partner visa application and now holding a bridging e due to the cancellation of the 457. I have my dependents with me and they are now too in a bridging e visa. Is it possible for them to go back to our home country to continue their studies and come back when the Partner visa is finalised?

    Peng Cheng · May 19, 2019 at 9:49 am

    Hi Jlo,
    Their BVE will cease once they leave Australia. If they leave and the visa is approved, then they can return after approval.
    PC

lily talag · May 17, 2019 at 12:38 pm

HI
I am in the protection visa at the moment bridging visa but my partner is PR resident were getting married can i apply for spouse visa?

    Peng Cheng · May 19, 2019 at 9:43 am

    Hi Lily,
    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

Leave a Reply

Your email address will not be published. Required fields are marked *