A visa refusal or cancellation while you are in Australia can be an incredibly stressful and uncertain experience. In many cases, it also triggers an important legal restriction known as the Section 48 bar under the Migration Act 1958 (Cth).
Although the Section 48 bar limits the types of visa applications that can be lodged while you remain in Australia, it does not necessarily mean your migration journey is over. Understanding how the Section 48 bar operates is the first step toward identifying a lawful and strategic pathway forward.
What is the Section 48 Bar?
Section 48 of the Migration Act 1958 is designed to prevent non-citizens from lodging repeated visa applications onshore simply to extend their stay in Australia indefinitely.
In practical terms, if the Section 48 bar applies to you, you are prevented from applying for most substantive visas while you remain in Australia. To lodge a further non-exempt visa application, you will generally need to depart Australia and apply from offshore.
When Does the Section 48 Bar Apply?
The Section 48 bar applies where all of the following circumstances exist:
- you are physically present in Australia;
- you do not hold a substantive visa (for example, you hold a Bridging Visa or are unlawful); and
- since your last entry into Australia, you have had a visa application refused or a visa cancelled.
A substantive visa generally includes visas such as:
- Student visas;
- Skilled visas;
- Partner visas; and
- Temporary Work visas.
Importantly, if you still hold a valid substantive visa at the time a visa refusal occurs, the Section 48 bar will generally not be triggered.
It is also important to distinguish between a visa refusal and an invalid application. If a visa application is found to be invalid, for example, due to incorrect lodgement, missing requirements, or payment issues, no refusal occurs. In those circumstances, the Section 48 bar does not apply.
What Visas Can Still Be Lodged Onshore?
Although the Section 48 bar restricts most onshore visa applications, Australian migration law provides specific exemptions allowing certain visa subclasses to still be lodged while in Australia.
Common examples include:
- Partner visas (Subclass 820/801) – for applicants in genuine relationships with an Australian citizen, permanent resident or eligible New Zealand citizen;
- Certain skilled visas, including:
– Subclass 190 Skilled Nominated visa
– Subclass 491 Skilled Work Regional visa
– Subclass 494 Skilled Employer Sponsored Regional visa - Protection visas;
- Child visas; and
- Medical Treatment visas.
Whether a visa can still be lodged onshore despite the Section 48 bar depends entirely on the legislative exemptions and the applicant’s individual circumstances.
Practical Options if the Section 48 Bar Applies
If you are subject to the Section 48 bar, careful planning is essential. Most standard onshore visa pathways may no longer be available.
Depending on your circumstances, the following options may need to be considered.
1. Reviewing the Refusal or Cancellation Decision
If review rights are available, you may be able to challenge the decision before the Administrative Review Tribunal (ART).
Although tribunal review does not remove the Section 48 bar itself, it may allow you to remain lawfully in Australia on a Bridging Visa while the matter is being reconsidered. (For more information about bridging visas, read our previous article: Bridging Visas in Australia: What Every Visa Application Needs to Know.)
2. Applying for an Exempt Visa Category
If you are eligible for a visa that is exempt from the Section 48 bar, such as a Partner visa or certain skilled regional visas, you may still be able to lodge an onshore application.
However, additional requirements may apply. For example, applicants who no longer hold a substantive visa may need to satisfy Schedule 3 criteria, which impose stricter requirements for certain onshore visa applications.
3. Consider an Offshore Application Strategy
In some situations, the most practical option may be to depart Australia and apply from overseas.
This commonly involves:
- applying for a Bridging Visa B (if eligible);
- departing Australia lawfully; and
- lodging a fresh visa application offshore.
Once outside Australia, the Section 48 bar no longer applies. However, your previous immigration history, including any refusals or cancellations, will still be considered by the Department of Home Affairs in assessing any future applications.
Key Takeaways
The Section 48 bar does not prevent you from leaving Australia. However, it can significantly restrict your ability to apply for most visas while remaining onshore following a visa refusal or cancellation.
Because visa eligibility rules and timing requirements can be highly technical, even minor strategic mistakes may affect your ability to remain lawfully in Australia or pursue future migration pathways.
Obtaining tailored legal advice early is often critical to protecting your available options.
Need Advice on Your Situation?
If your visa has been refused or cancelled, it is important to understand your legal position before taking further action.
The immigration lawyers at Brightstone Migration can assess your circumstances, explain the pathways potentially available to you, and assist you in developing a clear and lawful migration strategy moving forward.
This article was prepared and written by our immigration lawyer team at Brightstone Migration and reviewed by Mei Guo, Partner Solicitor and Head of Immigration, to provide professional insights and commentary. The content is for reference only and does not constitute specific legal advice.
Last updated: 01/06/2026
