Section 48Bar Explained
Section 48Bar Explained
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The Section 48 Bar is a provision in Australian immigration law that prevents individuals from applying for certain visas while they are in Australia if their visa has been refused or cancelled since their last entry.
This bar applies to those who do not hold a substantive visa and are in Australia unlawfully or on a bridging visa.
The Section 48 Bar affects individuals who:
- Have had a visa refused or cancelled since their last arrival in Australia.
- Do not hold a substantive visa (e.g., they are on a bridging visa or have no visa at all).
- Are currently in Australia and wish to apply for another visa while onshore.
Yes, there are exceptions to the Section 48 Bar. Individuals can still apply for certain visas while in Australia, including:
- Partner visas
- Protection visas
- Bridging visas
- Certain child visas
It’s important to check the specific visa subclass to determine eligibility under the Section 48 Bar.
To overcome the Section 48 Bar, individuals can:
- Apply for an Exempt Visa: Apply for a visa that is not subject to the Section 48 Bar.
- Depart and Re-enter Australia: Leave Australia and apply for a new visa from outside the country. Upon receiving the new visa, re-enter Australia.
- Seek Professional Advice: Consult with a migration agent or immigration lawyer to explore options and ensure compliance with Australian immigration laws.
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