Section 48 Bar Explained: What It Means for Your Visa Options

Look, if your visa has just been refused or cancelled while you are in Australia, you have probably heard someone mention "Section 48" and wondered what it actually means for you.

Here is the short version: Section 48 of the Migration Act 1958 can stop you from applying for most visas while you remain in Australia. That is a serious problem. But it is not always a dead end.

What Is the Section 48 Bar?

Section 48 is a provision in the Migration Act that prevents you from making a new substantive visa application if your previous visa was refused or cancelled while you were onshore.

It applies when two things are true at the same time:

• You do not hold a substantive visa in Australia

• Your substantive visa application has been refused, or your visa has been cancelled

If both apply, you cannot simply lodge another visa application and try again. The system blocks it.

When Does Section 48 Not Apply?

There are situations where the bar does not kick in. Understanding these can make all the difference.

Your Application Was Invalid

If your visa application was never validly made, there is no refusal. Invalid means the Department treated it as though you never applied. Perhaps the fee was not paid correctly, or a required form was missing. In that case, Section 48 does not apply because there was no decision to refuse.

You Held Another Substantive Visa at the Time of Refusal

This is the one that catches people off guard. If you still held a valid substantive visa when the refusal came through, Section 48 does not apply to you.

Example: You hold a working holiday visa valid for another four months. You apply for a student visa and it gets refused two months later. Because your working holiday visa was still active at the time of refusal, you are not Section 48 barred. You can apply for another visa.

But if your working holiday had already expired before the refusal, different story. Then Section 48 applies.

Visas You Can Still Apply For

Even if Section 48 applies, certain visas are exempt. You can still lodge applications for:

• Partner visas (subclass 820/801)

• Bridging visas

• Medical treatment visas

• Protection visas

• Child visas (residence)

This list is not exhaustive, but these are the common ones. Partner visas in particular are a lifeline for many people who would otherwise have no onshore options.

Can You Appeal?

Yes. If your visa was refused or cancelled and you have review rights, you can take the matter to the Administrative Appeals Tribunal (AAT).

The AAT can look at your entire case again. You can submit new evidence, address weaknesses in the original application, and present your situation properly. The Tribunal can affirm the Department's decision, vary it, set it aside entirely, or send it back for reconsideration.

If the AAT affirms the refusal, you may still have options through judicial review in the Federal Circuit and Family Court. That is a different type of review. It looks at whether the decision was legally correct, not whether it was the right call on the facts.

We handle visa refusals and appeals regularly. The appeal process has strict deadlines, so timing matters.

What Should You Do Now?

If you are facing Section 48, your options are:

• Apply for an exempt visa if you qualify

• Appeal the refusal or cancellation at the AAT

• Leave Australia and apply from offshore

Each path has consequences. Leaving Australia might reset your options, but it also means time away from family, work, or study. Appealing buys you time, but only if you have grounds. Applying for an exempt visa only works if you genuinely meet the criteria.

Do not guess. The wrong move here can lock you out of Australia for years.

Book a consultation and let us work out exactly where you stand.