If your visa was refused or cancelled while you were in Australia, the section 48 bar means you usually cannot lodge most further visa applications onshore. You can still apply for a small list of prescribed visas, such as a partner visa or a protection visa. Everything else generally has to be lodged from outside Australia. This post is for people who are onshore right now, do not hold a substantive visa, and have just received bad news. We will explain what the bar is, what you can still lodge, and the practical options on the table.
A “substantive visa” is any visa other than a bridging visa, a criminal justice visa, or an enforcement visa. If you are holding only a bridging visa right now, you do not hold a substantive visa, and that detail matters a great deal here.
What is the section 48 bar?
The section 48 bar is a rule in the Migration Act 1958 that limits what visas a non-citizen can apply for inside Australia after a refusal or cancellation. It is named after section 48 of the Migration Act 1958, which is headed “Non-citizen refused a visa or whose visa cancelled may only apply for particular visas”.
The bar applies when three things are true at the same time. You are in the migration zone, meaning physically in Australia. You do not currently hold a substantive visa. And since you last entered Australia, you have had a visa application refused, or a visa cancelled, under the provisions the section lists.
When all three line up, you may only lodge a visa of a class that the regulations specifically prescribe. You cannot lodge a visa of any other class while you stay in Australia. That is the bar in one sentence.
One point trips people up constantly. The bar can apply even while you are still appealing the refusal. Lodging a review with the Tribunal does not lift section 48 on its own, so the bar can sit over you for the whole time your review runs.
When does the bar apply to you?
The bar does not catch every refusal. The wording matters, so read the next part carefully against your own situation.
Section 48 applies if, after last entering Australia, you were refused a visa, with some carve-outs. A refusal of a bridging visa does not trigger the bar, and a refusal made on character grounds under the relevant sections is dealt with separately rather than under this rule. The bar also applies if you held a visa that was cancelled under one of the cancellation powers the section lists, such as the general cancellation power or cancellation for incorrect information.
There is a timing detail worth knowing. The section treats time spent on a bridging visa as continuous presence in Australia, so briefly leaving and re-entering on a bridging visa does not reset the clock. You can confirm the exact triggering provisions on the Migration Act section 48 page on the Federal Register of Legislation.
Home Affairs sets this out in plainer terms too. Its guidance on whether a visa cancellation or refusal affects you states that you might not be eligible to apply for some visas in Australia if your previous application was refused or your visa was cancelled, but that you might be eligible to apply for some other visas, and that you can apply for another visa if you are outside Australia.
What can you still lodge despite section 48?
This is the question that matters most when you are time-poor and stressed. There is a prescribed list of visa classes you can still lodge onshore even when the bar applies. The list is set out in the Migration Regulations 1994, and it changes from time to time, so treat the categories below as a guide and confirm your exact subclass before you lodge.
The categories that are commonly prescribed as exceptions include:
- Partner visas. This is why an onshore partner application can often be lodged despite an earlier refusal. There may be additional hurdles, including Schedule 3 criteria if you are unlawful, but the section 48 bar itself does not block a partner application.
- Protection visas, for people raising protection claims.
- Medical treatment visas, in limited circumstances.
- Certain bridging visas, so your lawful status can be maintained.
- A small number of other prescribed visas, including specific child, resolution of status, and special category visa pathways.
From 13 November 2021, the prescribed list was widened to include three skilled visas. The Home Affairs Legislation Amendment (2021 Measures No. 2) Regulations 2021 added a schedule headed “Allow applications for certain skilled visas by persons in Australia under section 48”, covering the Subclass 190 Skilled Nominated visa, the Subclass 491 Skilled Work Regional (Provisional) visa, and the Subclass 494 Skilled Employer Sponsored Regional (Provisional) visa. If one of those skilled pathways fits your circumstances, the bar may no longer stand in your way.
We have deliberately not published a complete numbered list of every excepted subclass here, because the regulation is amended periodically and the wrong number could send someone down the wrong path. Speak to a registered migration lawyer or agent who can check the current regulation against your file. Our team works on partner and family applications where the section 48 question comes up regularly.
How section 48 interacts with a partner visa
Partner visas are the most common reason people ask about section 48, so they deserve their own note.
Because a partner visa is a prescribed class, the section 48 bar does not stop you lodging an onshore partner application after an earlier refusal. That is genuinely useful for couples who would otherwise be separated. It does not mean the path is clear, though.
If you do not hold a substantive visa when you lodge, you may have to meet Schedule 3 criteria, which require compelling reasons to grant the visa despite your status. That is a separate test from section 48, and it is one of the harder onshore scenarios. The relationship evidence still has to be strong across all the mandatory categories as well. For the full picture on the onshore partner pathway, see our guide to the Subclass 820 and 801 partner visa.
Your realistic options if the bar applies
When the bar applies and no prescribed visa fits your situation, you are not out of moves. You usually have a few, and the right one depends on your circumstances and your deadlines.
- Apply for a prescribed visa onshore. If a partner, protection, skilled, or other prescribed pathway genuinely fits, lodging onshore keeps you in Australia while it is decided. Get the eligibility checked first, because lodging the wrong application wastes time you may not have.
- Seek review at the Tribunal. Where you have review rights, you can ask the Administrative Review Tribunal to look at the decision again. The Tribunal’s immigration and citizenship review page confirms it can review some, but not all, Home Affairs visa decisions, that strict time limits apply, and that your decision letter tells you whether the decision is reviewable. The Tribunal cannot extend the time limit for most migration matters, so the clock is unforgiving.
- Depart and lodge offshore. Section 48 only bites while you are in the migration zone. Once you are outside Australia, the bar does not prevent a valid application, provided you meet the other criteria. Leaving has real consequences for your status and any review, so weigh this carefully with advice.
- Consider ministerial intervention in genuinely exceptional cases, usually after a Tribunal decision.
For a fuller walkthrough of the review route itself, our posts on the visa refusal appeal process at the ART and the Administrative Review Tribunal steps, time limits and costs cover the deadlines and the procedure in detail. If you are weighing up leaving Australia, the timing of your bridging visa status is one of the first things to check.
Frequently asked questions
Does the section 48 bar apply if I am still appealing my refusal?
Often, yes. Lodging a review at the Tribunal does not, on its own, lift the section 48 bar. The bar can remain in place while your review is decided, which means you generally still cannot lodge a non-prescribed visa onshore during that period. Your decision letter and your circumstances determine your review rights, so check them quickly because the deadlines are short.
Can I lodge a partner visa if I am subject to section 48?
In most cases yes, because partner visas are a prescribed class that the bar does not block. The catch is what comes next. If you do not hold a substantive visa, you may also have to satisfy Schedule 3 criteria, which ask for compelling reasons to grant the visa. That is a separate and demanding test, so it is worth getting advice before lodging.
Does leaving Australia remove the section 48 bar?
Section 48 only restricts applications made while you are in the migration zone. Once you are outside Australia, the bar does not stop you making a valid offshore application, as long as you meet the visa’s other requirements. Departing affects your status, any bridging visa, and any review on foot, so the decision to leave should never be made lightly or without advice.
Which visas are exceptions to the section 48 bar?
The regulations prescribe a limited list, which commonly includes partner visas, protection visas, medical treatment visas, certain bridging visas, and a small number of other visas. Since 13 November 2021 it has also included the Subclass 190, 491 and 494 skilled visas. The list is amended from time to time, so confirm your exact subclass against the current regulation rather than relying on a general summary.
If your visa has been refused or cancelled onshore, the sensible next step is to have someone check whether a prescribed pathway fits before any deadline passes. You can book a consultation with our migration lawyers to talk through your specific situation.
About the author: Tina Nematian is the Principal Lawyer at One Planet Migration Law. She is an Australian Legal Practitioner and a Registered Migration Agent, and has guided clients through partner, skilled, employer-sponsored, student, and humanitarian visa applications across Australia.
This article is general information only and does not constitute legal or migration advice. Visa rules change frequently and outcomes depend on individual circumstances. Speak with a registered migration lawyer or agent before making any application. Figures were current as of June 2026; always check immi.homeaffairs.gov.au before lodging.
