The section 48 bar - what it stops, and the visas you can still apply for
Current as at 18 September 2026. This is general information, not legal advice. Whether section 48 applies to you turns on your exact visa history and the wording of your decision record - get advice before you lodge anything.
Section 48 of the Migration Act 1958 is one of the shortest provisions in Australian migration law and one of the most consequential. In plain terms: if you are in Australia, you do not hold a substantive visa, and a visa has been refused or cancelled since you last arrived, you cannot apply for most other visas while you remain here.
People usually meet section 48 at the worst possible moment - after a refusal, when they are trying to work out what to do next. The bar decides which options are actually open to you, so it is worth understanding before you plan anything else.
When the bar applies
Three things have to be true at the same time. If any one of them is missing, section 48 is not engaged.
| Element | What it means in practice |
|---|---|
| You are in Australia | Section 48 is a bar on applying onshore. It says nothing about what you can lodge from outside Australia. |
| You do not hold a substantive visa | A substantive visa is any visa other than a bridging visa, a criminal justice visa or an enforcement visa. If you still hold a valid substantive visa, section 48 does not bite - which is why acting before your current visa ends matters so much. |
| A visa was refused or cancelled since you last entered | The refusal or cancellation must have happened after your most recent arrival in Australia. Something that happened before that trip does not engage the bar. |
Two details catch people out. First, holding a bridging visa does not save you - a bridging visa is not a substantive visa, so a person on a bridging visa after a refusal is squarely within section 48. Second, the bar attaches to the refusal or cancellation, not to the visa you want next. It does not matter that the new application would be for a completely different visa, or that your circumstances have changed.
Section 48 cannot be waived
This is the part that surprises people most. There is no discretion to waive section 48, no application form for an exemption, and no compassionate ground that switches it off. It is not like Schedule 3, where compelling reasons can be argued, or condition 8503, where a waiver request exists. If the three elements above are met, the bar simply applies.
What that means practically: the question is never “how do I get around section 48?” It is “which visas does section 48 not cover, and do I qualify for one of them?”
The visas you can still apply for onshore
Section 48 lets you apply for visas that are prescribed for that purpose. The prescribed classes are set out in regulation 2.12 of the Migration Regulations 1994. The ones that matter in most real cases are:
- Partner visas (subclass 820/801) - the most commonly used exception by a wide margin.
- Protection visas (subclass 866) - subject to separate bars of their own, including section 48A where a protection visa has already been refused.
- Medical Treatment visas (subclass 602).
- Bridging visas - which is why you can still be granted a bridging visa while barred.
- Special Category visas (subclass 444) for New Zealand citizens.
- Certain skilled visas where you hold a SkillSelect invitation - including Skilled Nominated, Skilled Work Regional (Provisional) and Skilled Employer Sponsored (Provisional) classes. These were added to widen the pathway for people already invited to apply.
Regulation 2.12 is the authority, and it changes from time to time. Do not assume a visa is on the list because it feels like it should be - check the regulation as it stands on the day you lodge, or ask us to check it for you.
The partner visa trap
A partner visa being prescribed under regulation 2.12 means you can validly lodge it. It does not mean it will be granted.
If you are unlawful or hold only a bridging visa when you lodge an onshore partner application, Schedule 3 criteria are engaged - and those require you to show compelling reasons for the Department to waive them. So a section 48 applicant lodging an 820 usually faces two separate hurdles: validity under section 48 (solved by the visa being prescribed) and Schedule 3 (solved only by evidence and argument). People who lodge on the strength of the first and know nothing about the second are the most common avoidable failure we see in this area.
If you are barred: the realistic options
1. Review the decision that caused the bar
If the refusal or cancellation is still within its review period, challenging it is often the first move. A successful review can remove the very decision that engaged section 48. Deadlines here are short and usually not extendable - see what to do after a visa refusal and our guide to the ART process.
2. Apply for a prescribed visa
If you genuinely meet the criteria for one of the classes above - most often a partner visa - that is a live onshore pathway. Build it properly, including Schedule 3 if it applies.
3. Depart and apply offshore
Section 48 is a bar on applying in Australia. Leaving and lodging from outside removes it. This is a serious decision with its own consequences - re-entry, processing times, family separation, and any exclusion period attached to your history - so take advice on sequencing before you book anything.
Common misunderstandings
| What people believe | The position |
|---|---|
| “I withdrew the application, so there was no refusal.” | A withdrawal is not a refusal, and generally does not engage section 48. What matters is whether a decision to refuse was actually made. |
| “I am on a bridging visa, so I am fine.” | A bridging visa is not a substantive visa. The bar still applies. |
| “It was only a visitor visa that was refused.” | Section 48 does not care which visa was refused. |
| “I will just apply for something different.” | Unless it is prescribed by regulation 2.12, you cannot lodge it onshore. |
| “A good reason will get it waived.” | There is no waiver mechanism for section 48. |
What to do now
If a visa has been refused or cancelled and you are in Australia, the sequence that protects the most options is: find the deadline in your decision record, work out whether you still hold a substantive visa, and get advice the same week. Section 48 rewards acting early - almost every good option in this area closes with time.
If you are not sure where you stand, get in touch and we will tell you plainly whether the bar applies and what is genuinely open to you.