If you are in Australia and you have had a visa refused or cancelled since your last entry to Australia, and you do not currently hold a substantive visa (for instance you are on a bridging visa), section 48 of the Migration Act 1958 (Cth) will generally prevent you from lodging most new visa applications onshore.
This is commonly called the section 48 bar. It’s a procedural barrier — not a judgment about you — and it changes how you need to plan your next steps, pursuant to the Act and the Regulations.
This is rarely the end of the road. It just means you need to be deliberate about timing, status and sequencing, pursuant to the Act and the Regulations.
What the section 48 bar does (and doesn’t)
While you are onshore without a substantive visa and a refusal or certain cancellations have occurred since your last entry, the bar stops new onshore applications for the majority of visa subclasses. It does not invalidate an application you lodged validly before the refusal; that can continue to decision. If you depart and apply offshore, section 48 does not restrict that offshore lodgement.
Importantly, re-entering on a Bridging Visa B does not “reset” the bar — for these purposes you are treated as remaining in the migration zone. The bar no longer applies if you are later granted a substantive visa (for as long as that visa remains in effect).
Family members included in a refused onshore application are typically affected in the same way, so status planning needs to cover everyone, not just the primary applicant.
What can still be lodged onshore (limited circumstances)
The legislation preserves a finite list of visas that remain available onshore even if section 48 applies, provided you meet their criteria. These include Partner, Protection, Medical Treatment, Child, Resolution of Status, Bridging visas (A–F and R), and certain skilled subclasses — presently the 190, 491 and 494.
Each pathway has its own evidentiary settings and timing considerations; for example, onshore Partner applications without a substantive visa commonly raise Schedule 3 issues that must be addressed seperately and carefully.
Navigating the section 48 bar
Navigating the section 48 bar usually relies on one, or a combination, of the following: merits review; strategic bridging visas; permitted onshore applications; offshore applications; and, where appropriate, judicial review or ministerial intervention.
What matters is mapping your strategy and getting the sequence right. Good sequencing helps you avoid unlawful status, invalid lodgements and missed opportunities. Evidence, dates, nomination rules and where you lodge (onshore versus offshore) all matter.
For example — one appropriate course of action might be:
- Lodge an AAT merits review (if available) to preserve status and work rights.
- Apply for a Bridging Visa B with an appropriate travel window.
- Depart Australia.
- While offshore, lodge the intended visa (with any required nomination) and complete health/biometrics.
- Return on the BVB and remain lawful in Australia while the offshore application is processed.
- If granted, withdraw the review (where appropriate), move onto the new visa and continue with the permanent pathway plan.
Of course, this is a general example only — you should obtain advice on the approach that best fits your circumstances.
Duration and practical effects
The section 48 bar applies for as long as you remain in Australia without a substantive visa after the refused application (or certain cancellations). It does not apply while you are outside Australia. If you are granted a substantive visa, the bar ceases for the period that visa remains in effect. None of this disturbs an application that was already validly lodged before the refusal — those matters run to decision in the usual way.
How Leyton Stone can help
If you’ve had a visa refused or cancelled since your last entry and section 48 may apply, we can review your refusal decision and status, confirm whether the bar is engaged, and identify any onshore options that remain available (for example, 190/491/494 or Partner, where eligible) pursuant to current nomination and program settings.
Our focus is practical to preserve your status, avoid invalid or barred applications, and move you toward a workable outcome with evidence and timing aligned to the Act and Regulations.
Disclaimer:
The information in this article is general in nature and does not constitute legal advice. Immigration matters can be complex — you should seek advice from a registered migration agent or immigration lawyer about your individual circumstances before making any decision.
If you would like tailored advice, Leyton Stone Law can assess your eligibility, advise on strategy, and manage your application through to lodgement. We recommend speaking with a registered migration agent or immigration lawyer, such as those at Leyton Stone Law, to review your section 48 position and map next steps.