Navigating Australia’s visa system can be challenging, particularly when a visa refusal or cancellation occurs. One of the most misunderstood, and consequential, provisions in Australian migration law is Section 48 of the Migration Act 1958.
This legislative rule places strict limitations on who can apply for a new visa while inside Australia, following certain types of visa refusals or cancellations. For non-citizens and migration professionals alike, understanding this law is essential to avoid invalid applications, unlawful status, and long-term migration setbacks.
Understanding Section 48: What It Does and When It Applies
Section 48 of the Migration Act 1958 (Cth) applies to non-citizens who:
- Are physically present within the migration zone of Australia (i.e. onshore);
- Do not hold a substantive visa (any visa except a bridging visa, criminal justice visa or enforcement visa) at the time of applying; and
- Have had a visa application refused or had a visa cancelled under specified provisions after last entering Australia.
When these conditions are met, Section 48 bars the individual from lodging any new substantive visa application onshore, unless that application is for a visa class that is expressly permitted (or “prescribed”) under the Migration Regulations 1994. For example, partner visas (Subclass 820), protection visas (Subclasses 866, 790, 785) and medical treatment (Subclass 602) are all exempt from the application of Section 48.
This bar applies regardless of whether the original refusal or cancellation has been appealed or not. It applies automatically, without need for further action by immigration officers.
Notably, it does not apply to:
- Refusals of bridging visas
- Refusals or cancellations under character grounds (e.g. under section 501, 501A, or 501B)
- Those who are still holding a valid substantive visa (where the refusal for the new visa application was made while your current substantive remains valid)
Why Section 48 Is Triggered: Common Scenarios and Administrative Patterns
Section 48 is most often triggered in the following scenarios:
- A student visa holder breaches visa conditions (e.g. unauthorised work or non-compliance with enrolment) and has their visa cancelled
- An individual lodges a poorly-prepared partner, graduate, or skilled visa application which is refused due to failing to meet legal criteria
- An applicant’s sponsorship is withdrawn, resulting in refusal or cancellation. If the applicant is onshore on a 482 visa while his/her 482 sponsorship is withdrawn, the applicant must have an application for another substantive visa or the applicant will receive a s 48 bar should the applicant does not make arrangements to leave Australia.
- A temporary visa holder allows their visa to expire and attempts a last-minute application that is refused or deemed invalid
Administrative mistakes, misinformation, or relying on unregistered advice can also contribute to triggering this bar.
Trends and Patterns: How Section 48 Is Being Applied
In recent years, Section 48 has emerged as one of the most commonly activated restrictions in migration law.
Key trends include:
- Increased automation in Department systems means that refusals quickly lead to notification and possible bar activation
- More refusal cases are being identified at the point of lodgement, especially among partner and skilled visa applicants, due to stricter evidence requirements
- Judicial interpretations have refined the scope: for instance, courts have ruled that in some limited cases, applications made on behalf of minors or those with mental impairment may be excluded from bar activation if the applicant was unaware of the application’s nature
- Following the 13 November 2021 reform, certain skilled visa applicants (Subclasses 190, 491, 494) are now also exempted from the bar, reflecting Australia’s commitment to skilled migration despite administrative barriers
Consequences for Applicants: What Happens If You Are Barred?
If you are subject to the Section 48 bar, the consequences can be immediate and long-lasting:
- Attempting to apply for any other visa while still in Australia will result in the application being invalid, meaning it is not assessed and fees are not refunded
- You may be advised or required to depart Australia and apply offshore for any other visa class
- Remaining in Australia without a valid visa can result in becoming an unlawful non-citizen, risk of detention or removal, future re-entry bans, and complications for citizenship or permanent residency pathways
Navigating Section 48: Practical Strategies and Future Outlook
There are several legal and practical strategies for navigating or responding to a Section 48 bar:
- Apply for an exempt visa subclass, if you are eligible.
- Appeal your visa refusal or cancellation to the Administrative Appeals Tribunal (AAT), if you have review rights.
- Elect to lodge an offshore application after consideration of travel bans and re-entry timing
- Engage a registered migration agent or immigration lawyer as soon as possible to review options and manage compliance
The law remains firm: once barred under Section 48, your options narrow significantly.
Section 48 is a vital part of Australia’s immigration compliance regime. While it may seem harsh, it also reflects a balance between administrative integrity and lawful opportunity.
If you’ve recently experienced a visa refusal or cancellation, it is crucial to act promptly and understand the limitations imposed by Section 48.
At Migration Affairs, we help applicants assess their eligibility, identify compliant visa options, and prepare high-quality submissions to avoid or respond to this bar. You can book a confidential consultation with our migration team via https://migrationaffairs.com.au/contact/
Changes to the relevant laws can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.
Contact Migrations Affairs to speak with our experts for tailored advice on your circumstances and eligibility.
