Section 48 Bar Explained
Section 48 Bar Explained
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Section 48 of the Migration Act 1958 limits the visas some people can apply for while they are in Australia. It applies if you don’t hold a substantive visa and have had a visa refused or cancelled since you last entered Australia. You can then only apply for certain visas prescribed in the Migration Regulations.
The bar is usually triggered by a visa refusal (other than a bridging visa refusal or a character refusal under section 501, 501A or 501B) or by a cancellation under certain provisions, when the person doesn’t hold a substantive visa. People on a bridging visa or without any visa are commonly affected.
The prescribed visas include Partner visas, Protection visas, Child (residence), Special Eligibility (residence), Medical Treatment (visitor), Territorial Asylum (residence), Border and Special Category visas. Check the current list in regulation 2.12 of the Migration Regulations, or ask us, before you apply.
If a visa was refused or cancelled on character grounds since you last arrived, you can only apply for a Protection visa.
- Apply for a visa that is not barred, if you meet its requirements.
- Apply from outside Australia. The section 48 bar only applies to applications made in Australia.
- Get advice before lodging anything, especially if you may have review rights or other bars.
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