Refusals & Appeals

The Section 48 Bar, Explained

What triggers the bar, the visas you can still lodge in Australia, and how to plan around it.

MARA-Registered Agent Onshore Lodgement Blocked Exceptions Exist
Quick Answer

What is the Section 48 bar?

Section 48 stops a person in Australia without a substantive visa from lodging most new visa applications onshore, once a visa has been refused or cancelled since they last entered. A limited set of visa classes is exempt. The bar does not stop you applying from outside Australia, and it does not stop a review already on foot.

Last reviewed: 13 August 2026 Reviewed by a Visa Advisor Registered Migration Agent · MARN 0852408

Key facts

  • Three conditions must all be met for the bar to apply — being in Australia, holding no substantive visa, and a qualifying refusal or cancellation.
  • A bridging visa is not a substantive visa. Holding one does not take you outside the bar.
  • The bar blocks lodgement in Australia only. It is not a ban on the person and it does not follow you overseas.
  • Not every refusal counts. Bridging visa refusals and character refusals are excluded, and only certain cancellation grounds engage it.
  • 190, 491 and 494 are exempt, which is widely missed — a state or employer pathway can survive a refusal that blocked everything else.
  • A review already on foot is unaffected. If the Tribunal sets the refusal aside, the problem may disappear entirely.
3Conditions that must all be met
ExemptA defined set of visas stays open
OffshoreThe bar does not apply
When It Applies

When does the Section 48 bar apply?

Many people assume any refusal triggers the bar. It does not, on two counts: one of the three conditions may not be met, or the refusal itself may be of a kind the bar does not reach.

You are in Australia

In the migration zone

The bar is about lodging onshore. Someone outside Australia is not caught by it, which is why departure changes the picture entirely.

No substantive visa

A bridging visa is not substantive

If you still hold a substantive visa — student, visitor, work — the bar does not bite. Holding only a bridging visa does not save you.

A qualifying refusal or cancellation

Since you last entered Australia

But not every refusal or cancellation counts. Bridging visa refusals and character refusals are excluded, and only certain cancellation grounds engage the bar.

The bar is engaged only by the refusals and cancellations listed here. Confirm against your own decision letter.
Counts toward the barDoes NOT count
A visa application refused since you last entered AustraliaA refusal of a bridging visa
An application refused that someone made on your behalf — including where you did not know about it, or were a minor at the timeA refusal on character grounds
A visa cancelled on certain specific grounds, including incorrect information, the general cancellation power, business visas, student visas and regional sponsored employment visasA cancellation on a ground outside that list

The most common misunderstanding

Section 48 blocks lodgement in Australia. It is not a ban on you as a person, and it does not follow you overseas.

Blocks onshore lodgement Offshore applications open Existing review unaffected Not every refusal counts
Your Options

What can you still lodge in Australia?

The exempt classes are set by regulation. The list below reflects the current consolidation — and it is broader than most people expect: the skilled nominated and regional classes are on it.

Indicative only — the exempt list is set by regulation and changes. Confirm the current position for your circumstances before lodging anything.
Exempt classWhat it means for you
Partner (onshore temporary and residence)Often the main realistic pathway where a genuine relationship with an Australian partner exists. Extra criteria can apply if you are unlawful, so timing matters.
Skilled — Nominated (190)State-nominated permanent skilled. Barred applicants can still lodge onshore — widely missed, and often the strongest option for skilled workers.
Skilled Work Regional (491) and Skilled Employer Sponsored Regional (494)The two regional provisional classes are also open. An employer or state pathway can survive a refusal that blocked everything else.
ProtectionWhere protection obligations are engaged. A serious application in its own right, not a way around the bar.
Bridging visas (A, B, C, D, E, F, R)Keep you lawful while another matter or a departure is arranged. They do not themselves resolve your status.
Medical TreatmentNarrow, purpose-specific, and evidence-driven. Not a general-purpose fallback.
Child (Residence)Where the child-stream criteria are genuinely met.
Resolution of Status, Territorial Asylum, Border, Special Category, Retirement and Investor RetirementCohort-specific classes — check whether any applies to you at all before relying on them.

Extra criteria can apply if you are unlawful, so the order and timing of what you lodge often matters more than the choice itself.

The Options

How do people deal with the Section 48 bar?

Which of these is right depends on your relationships, your status, and how much time you have. They are not interchangeable.

Run the review first

If a review right exists

A review already on foot is not stopped by the bar. If the Tribunal sets the refusal aside, the problem may disappear entirely. This is usually the first thing to check.

Lodge an exempt visa onshore

Partner, or a skilled class

Partner is the best-known route, but 190, 491 and 494 are also exempt — a state nomination or employer sponsorship can survive a refusal that blocked everything else. Any application must stand on its merits.

Depart and apply offshore

The bar does not follow you

Leaving removes the bar, because it only applies to lodging in Australia. Check any exclusion period or re-entry issue before you book a flight.

Ministerial intervention

Last resort only

Available only once review rights are exhausted. There is no right to have a request considered, and it should never be the first plan.

Self-Assessment

Which situation are you in?

A general guide only — your own status and decision letter govern what actually applies.

Indicative only. Confirm your visa status and any deadline before relying on anything here.
If you are…Likely positionYour next step
Still holding a substantive visaNot barred — you can generally still lodge onshoreFree eligibility check
On a bridging visa after a refusalBarred for most classes, but a review may still be runningHow ART review works
Partnered with an AustralianAn onshore partner application is often the realistic routePartner visa onshore
Skilled, with a state or employer pathway190, 491 and 494 are exempt — the bar does not block themState nomination
Willing and able to leave AustraliaThe bar does not apply offshoreBook a consultation
Also facing an exclusion periodA separate problem that departure does not solvePIC 4020 refusals
Out of review rights entirelyMinisterial intervention is the remaining avenueMinisterial intervention
How We Help

Section 48 planning, handled properly

Visa Advisor, based in Sydney, NSW, works with clients across Australia and offshore. We confirm whether the bar actually applies to you, then map what is genuinely still open.

Status check

Whether all three conditions are in fact met — people are often told they are barred when they are not.

Options mapping

Which exempt classes you realistically qualify for, and in what order to lodge them.

Timing strategy

When to lodge, when to depart, and how any live review interacts with both.

Common Questions

The Section 48 bar — frequently asked questions

Three things must all be true: you are in Australia, you do not hold a substantive visa, and a qualifying refusal or cancellation has occurred since you last entered. Not every refusal counts — a refused bridging visa and a character refusal are both excluded, and only certain cancellation grounds engage the bar. If any one condition is not met, the bar does not apply.

No. A bridging visa is not a substantive visa, so holding one does not stop the bar applying. This surprises people, because a bridging visa keeps you lawful and often lets you work. Lawful status and substantive status are different things, and only the second one matters for Section 48.

No. The bar affects lodging new visa applications in Australia. It does not remove a review right you already have, and it does not stop a review already on foot. If the Tribunal sets the refusal aside, the situation that created the bar may fall away, which is why checking the review position first usually makes sense.

More than most people expect. The exempt classes include partner, the skilled nominated class (190), both skilled regional classes (491 and 494), protection, bridging, medical treatment, child residence and several cohort-specific classes. Extra criteria can apply if you are unlawful, so confirm your own position before lodging anything.

Often yes, because the bar only applies to lodging in Australia. Departing removes it. Before booking anything, check whether a separate exclusion period applies to you, whether you would be able to return, and what happens to any bridging visa or live review when you leave. Departure can close doors as well as open them.

An onshore partner application is commonly available despite the bar, and for many people it is the realistic route. It must be a genuine application that stands on its own merits. Extra criteria can apply if you are unlawful, and a weak application lodged only to buy time usually fails and can make the position worse.

It is not a fixed-length ban. It applies while the three conditions hold. It stops applying if you depart Australia, or if you come to hold a substantive visa again through an exempt application or a successful review. It is a situation you can move out of, unlike an exclusion period that runs for a set number of years.

No. Being able to lodge is not the same as being granted. An exempt application must still meet every criterion for that visa on its own merits. Visa Advisor provides general migration information here, and case-specific advice in a paid consultation. We do not and cannot promise approval.

Sources and last checked dates
  • Migration Act 1958 — Federal Register of Legislation checked 18 Aug 2026 open ↗
  • Migration Regulations 1994 — Federal Register of Legislation checked 18 Aug 2026 open ↗
  • Department of Home Affairs — Visa listing checked 18 Aug 2026 open ↗
  • Office of the MARA — Register of Migration Agents checked 18 Aug 2026 open ↗

Migration law and programme settings change — confirm the current position before acting on anything on this page.

Barred onshore? Know what's still open.

Start with a free eligibility check, or book a consultation with a Registered Migration Agent to confirm whether the bar applies and what you can still lodge.

Limited slots each week · Registered Migration Agent · 1800 840 141