Who should pay attention to section 48 bar? 

Section 48 bar applies to anyone who had a visa cancelled or refused since last arriving in Australia (that is you are unlawful or you hold a bridging visa).

Under section 48 bar, you are prevented from lodging most visas unless you leave Australia (with a few exceptions).

Visa Exceptions to Section 48 Bar…

If the Department of Home Affairs cancels or refuses your visa, there are some visas that you still can apply onshore:

  • partner visas
  • protection visas
  • bridging visas
  • medical treatment visas
  • subclass 444 visas for New Zealanders
  • Child visas
  • Border visas
  • Resolution of status visas

As of 13 November 2021, a section-48-bar waiver is available for skilled visa applicants for subclass 190, 491 and 494…

That means you can also apply for the following visas onshore if you have a visa cancellation or refusal:

  • Skilled visa (Subclass 190)
  • Skilled visa (Subclass 491)
  • Employer sponsored regional visas (Subclass 494)

If your visa application has been deemed invalid (not refused) then section 48 bar does not apply…

By invalid I mean when you apply for a visa and the Department of Home Affairs decides not to process your visa because it doesn’t meet the valid application criteria.

In this case, your visa application is simply not considered.

Also, section 48 bar will not be considered if you hold a substantive visa despite the refusal of another visa.

What is a substantive visa?

A substantive visa is any visa excluding:

  • criminal justice visa
  • enforcement visa
  • bridging visa

Bridging visas are visas that allow someone who has applied for a substantive visa onshore to remain in Australia while the government processes the application.

There are six bridging visas. Each of them has different conditions. For example, a bridging visa can give you work rights or not.

Yes, if the Department of Home Affairs cancels or refuses your visa, you can appeal the decision in the Administrative Appeals Tribunal (AAT).

The AAT will then decide to agree with, vary, or set aside the Department’s decision and make a new decision.

The AAT can also resubmit the decision to the Department for reconsideration.

Fill in the form below to see if our lawyers think you should appeal to the AAT or apply for another visa if your visa has been cancelled or refused

Helping People Just Like You

What matters to us most is what our clients have to say about their experience once everything has been resolved. Below are some of the messages we have received from people we’ve represented.

Bastian Alarcón Vergara
Bastian Alarcón V.
I was very satisfied with these guys and how my visa application was handled. We started the process early on together with my sponsor to make sure we had enough time to sort out all the required documents for the application. It only took 6 weeks from the date we applied to get my 482 Skilled Shortage Visa granted which was much quicker than I was expecting. Highly recommended.read more
Ezequiel López Casa
Ezequiel López C.
These Lawyers are fantastic! A special thank you to Kiri. I applied for my partner visa in June 2021 and we were approved January 2022. Kiri and the team at Gold Migration Lawyers were very helpful and down to earth. They made the process very easy. I definitely recommend!read more
Brendon Vuntarde
Brendon V.
Gold Migration have been a pleasure to work with from the day we submitted our application for Partner Visa back in February 2020. They have been very proactive in keeping us up to date and also ensuring that my wife and I had all the information we needed.We both highly recommend Gold Migration Lawyers as they are very good at what they do and are a pleasure to work with.read more
SP Rebrov
Most importantly, delivered a positive outcome for my 866 application. Highly recommend the service to anyone seeking protection in Australia.
Kasturi Vijayan
Kasturi V.
Gold migration are one of the best lawyers we have ever dealt with. We were in the verge of loosing hope with my husbands 461 visa and they took over the case and among all other lawyers they were the only ones that gave us positive reinforcement. It is a glorious end when my husband got the visa granted this morning after weeks of sleepless night and having so much uncertainty. I can’t thank gold migration lawyers enough for all the work they have done in this process. I would highly recommend them for any of your legal needs. Andreas you are amazing as well as all your team you work with, can’t thank you guys enough.read more
Johan Mitchell
Johan M.
I received the first stage of my partner visa in <11 months. Great service.
ngoo wei kang
ngoo wei K.
got my visa granted in very short time, very professional and efficiency lawyer, highly recommended.
John Langdon
John L.
If you are looking for professionals who take pride in their work and strive for the best possible outcome, look no further than Gold Migration.They have helped me and my partner obtain a PMV visa in 6 months, a process than can take up 28 months, so the calibre of their standard speaks for itself, I would like to thank you all so much for all of your efforts.read more
Jayden Fisher
Jayden F.
Thank you so much to the team at gold migration for your amazing work, quick responses and professionalism. Without your help I don’t know where we would be right now!Honestly cannot thank you all enough. You’ve made these tough times a lot easier and the future for me and my fiancée much brighter!read more