1300 320 300Who 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
Aleesha L.
We applied for a partner visa with gold migration lawyers they lodged our visa on the 23rd of August 2024 and today 12th November 2024 we got great news that it was granted we couldn’t have asked for better people to go through as nothing was ever too difficult.Saleh was so amazing and easy to work with step by step highly recommended.read more
Psy Psy 2
I was in Singapore and my fiance's in Australia when we searched for a company to help with our Prospective Visa application. Gold Migration Lawyers for us was a little bit pricey, but it was all worth it. We had an initial meeting via video call with our then lawyer named Emad to assess both of us. Emad left and was taken over by Katherine and finally Jualiana Aywaz, who helped us go through the application until we were approved. It was a pleasant experience. She was very professional, helped us with our forms thoroughly, and advised us for the best possible outcome. I liked that Juliana was prompt on her replies and clear with her instructions. We highly recommend Gold Migration Lawyers! Thanks again, Juliana!read more
Eddie W.
Juliana, thank you for your professional guidance and kind service.we truly appreciate your dealing with our case bringing the results we were hoping for.kind regards,Eddie & Ann
amanda S.
Great service from Gold Migration. The lawyer in charge of our case kept changing, but they all were very helpful, informative, and prompt in responding to any of our updates and questions, especially Walt Calis and Liana Croci.
Tamati Te H.
I just want to personally thank Jibril and Julianna for their support and assistance in our visa process. They have been with us through and through, ensuring that our paperwork was completed correctly, and providing us feedback in a timely manner . They are always willing to assist, and I highly recommend them to anyone as representatives. We received our visa today and are excited to finally start our lives together. Thank you Gold Migration Lawyers for your work and assistance to bring families and loved ones together 🙂read more
Ali
Quite professional and experienced team. We were finally granted visas after 10 months. Mike , Jibril & Thomas from the Gold migration assisted us greatly from the beginning of application till last stage. They are always happy to help their clients and I highly recommend them if you seek migration advise for Australia. Thank you guys !read more
Caroline P.
We can't thank Gold Migration lawyers enough. Special thanks to Juliana who helped my husband and I with this process. They are very thorough and thoughtful when it comes to the application process. We highly recommend their service. Thank you so much for bringing my husband home. We were granted the visa in around 13 months.read more
Michael B.
I definitely recommend to everyone this Lawyer, they are really good people's and easy communicate with them. Saemeh Ghasemi she's our Case manager on our case. Only 1 year and our partner visa is granted....A+++++++++++++
Shuaib Z.
Thanks to Gold immigration expertise and dedication, my visa was granted smoothly and efficiently. I truly felt like a priority, and their attention to detail and thorough preparation made all the difference.
Aleesha L.
We applied for a partner visa with gold migration lawyers they lodged our visa on the 23rd of August 2024 and today 12th November 2024 we got great news that it was granted we couldn’t have asked for better people to go through as nothing was ever too difficult.Saleh was so amazing and easy to work with step by step highly recommended.read more
Psy Psy 2
I was in Singapore and my fiance's in Australia when we searched for a company to help with our Prospective Visa application. Gold Migration Lawyers for us was a little bit pricey, but it was all worth it. We had an initial meeting via video call with our then lawyer named Emad to assess both of us. Emad left and was taken over by Katherine and finally Jualiana Aywaz, who helped us go through the application until we were approved. It was a pleasant experience. She was very professional, helped us with our forms thoroughly, and advised us for the best possible outcome. I liked that Juliana was prompt on her replies and clear with her instructions. We highly recommend Gold Migration Lawyers! Thanks again, Juliana!read more
Eddie W.
Juliana, thank you for your professional guidance and kind service.we truly appreciate your dealing with our case bringing the results we were hoping for.kind regards,Eddie & Ann
amanda S.
Great service from Gold Migration. The lawyer in charge of our case kept changing, but they all were very helpful, informative, and prompt in responding to any of our updates and questions, especially Walt Calis and Liana Croci.
Tamati Te H.
I just want to personally thank Jibril and Julianna for their support and assistance in our visa process. They have been with us through and through, ensuring that our paperwork was completed correctly, and providing us feedback in a timely manner . They are always willing to assist, and I highly recommend them to anyone as representatives. We received our visa today and are excited to finally start our lives together. Thank you Gold Migration Lawyers for your work and assistance to bring families and loved ones together 🙂read more
Ali
Quite professional and experienced team. We were finally granted visas after 10 months. Mike , Jibril & Thomas from the Gold migration assisted us greatly from the beginning of application till last stage. They are always happy to help their clients and I highly recommend them if you seek migration advise for Australia. Thank you guys !read more
