The Section 48 Bar, Explained
What triggers the bar, the visas you can still lodge in Australia, and how to plan around it.
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.
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.
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
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
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
But not every refusal or cancellation counts. Bridging visa refusals and character refusals are excluded, and only certain cancellation grounds engage the bar.
| Counts toward the bar | Does NOT count |
|---|---|
| A visa application refused since you last entered Australia | A 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 time | A 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 visas | A 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.
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.
| Exempt class | What 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. |
| Protection | Where 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 Treatment | Narrow, 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 Retirement | Cohort-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.
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
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 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
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
Available only once review rights are exhausted. There is no right to have a request considered, and it should never be the first plan.
Which situation are you in?
A general guide only — your own status and decision letter govern what actually applies.
| If you are… | Likely position | Your next step |
|---|---|---|
| Still holding a substantive visa | Not barred — you can generally still lodge onshore | Free eligibility check |
| On a bridging visa after a refusal | Barred for most classes, but a review may still be running | How ART review works |
| Partnered with an Australian | An onshore partner application is often the realistic route | Partner visa onshore |
| Skilled, with a state or employer pathway | 190, 491 and 494 are exempt — the bar does not block them | State nomination |
| Willing and able to leave Australia | The bar does not apply offshore | Book a consultation |
| Also facing an exclusion period | A separate problem that departure does not solve | PIC 4020 refusals |
| Out of review rights entirely | Ministerial intervention is the remaining avenue | Ministerial intervention |
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.
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.
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