Last Updated on August 23, 2025 by Ozlinks Education

What is the Section 48 bar in Australia?

If you have had a visa refused or cancelled since your last entry into Australia, or if you are in Australia without a substantive visa, or if you have become an unlawful non-citizen, you are subject to the Section 48 bar. This means that, while in Australia, you are generally prohibited from applying for most other substantive visas.

Under Section 46, you must meet the Schedule 1 requirements to lodge a valid visa application while in Australia. If the Section 48 bar applies to you, you will be unable to submit a valid visa application. This means that, generally, you must leave Australia to lodge a new visa application from offshore.

What visas are exempt from section 48?

The Migration Regulation 2.12 outlines the types of visas available to certain non-citizens in Australia who have had their previous visa applications refused, had their visas cancelled, or have become unlawful non-citizens. This regulation creates exceptions to the general restriction set by Section 48, which typically prevents individuals from applying for a substantive visa while in Australia.

Without these exceptions, individuals affected by Section 48 would generally be required to leave Australia to apply for most other visas. If section 48 applies to you, you can apply for any visa in this group while in Australia if you meet the requirements.

Here is the list of subclass visas that are exempt from the Section 48 bar.

• Partner Visa Subclasses 820/801
• Protection Visa Subclass 800
• Medical Treatment Visitor Visa Subclass 602
• Territorial Asylum Visa Subclass 800
• Border Temporary Visa Subclass 773
• Special Category Visa Subclass 444
• Bridging A, B, C, D, F, E
• Resolution of Status Visa Subclass 851
• Child Residence Visa Subclass 802/837
• Retirement Temporary Visa Subclass 410
• Investor Retirement Visa Subclass 405
• Skilled Nominated Subclass 190 Visa
• Skilled Work Regional Subclass 491
• Skilled Employer Sponsored Regional Subclass 494 Visa

How does section 48 works?

If section 48 applies to you, it only prevents you from applying for another visa while you are in Australia, except for the exemptions listed under the section 482 bar mentioned above. If you lodge a visa application while holding a substantive visa, and your visa application is refused, you can still make another visa application, provided that you continue to hold another substantive visa after the refusal and meet the visa requirements.

Let’s say you are the holder of student visa subclass 500, and your visa is valid until 30/12/2026. You lodged a subclass 407 training visa in Jan 2025, and your visa application was refused in July 2025. You can still apply for other visas while in Australia, such as a partner visa subclass 820/801, before your student visa expires, as long as you meet the requirements for that partner visa.

Section 48 bar keys Takeaway

• The Section 48 bar applies to individuals who have had a visa refusal or cancellation since their last arrival in Australia and who currently do not hold a substantive visa or have become unlawful non-citizens.
• Section 48 imposes substantial limitations on your choices for onshore visa applications, often requiring you to apply offshore instead.
• Consider an Administrative Review Tribunal (ART) appeal if you have the right to review your case in order to maintain your lawful status in Australia.
• Seek legal advice from a Registered Migration Agent (RMA) to fully understand your options and the potential pathways available to you as you move forward.