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.

Nane Siamoa
Nane S.
Gold Migration Lawyers made everything so easy for us to understand our Case Manager Walt was the best always so patient with us because we didn’t have a clue what we were doing my partner and I work full time jobs with little time to spare so having them represent us and help us throughout this whole process and submit our application was the BEST DECISION I have ever made and only after 58 days of submitting our application our Partner Visa was GRANTED!!! 🙌🏽🙌🏽🙌🏽🙌🏽 THANKYOU GOLD MIGRATION LAWYERS Especially to you Walt for all your Hardwork in helping us receive this 461 Visa and start our new journey together here in Australia 🇦🇺read more
Gabriel
Gabriel
In March, I received an invitation from the AAT and consulted a few immigration lawyers. I ultimately chose Gold Migration, and it was the best decision I could have made.I want to give a big shout-out to Seameh and Gearoid. Seameh has been amazing and incredibly helpful since day one, providing continuous support and guidance. Gearoid, thank you so much for preparing me for my case with such patience and dedication. Your help was invaluable.We went to the AAT in May, and a few weeks later, I was overjoyed to be notified that I had won my case. Tears of happiness streamed down my face as I realized what a monumental victory this was.I highly recommend Gold Migration. To say they are amazing would be an understatement. Their professionalism and dedication are truly exceptional. They went above and beyond for me.Once again, I can't thank you both enough. Your assistance means the world to me, and I am deeply grateful.read more
J T
J T
I would like to thank Peter Pang (he has left) and Walt Calis for their absolutely amazing and caring nature. Peter was an absolute gem. When I heard that he had left, I was devastated. However that feeling didn’t last long as Walt helped me with my visa application after. He has always been so prompt in responding to my emails, so caring, and friendly. Nothing was ever too difficult for him and he made sure I was well informed and updated throughout the whole process. Although my visa application was a long wait of 4 years, we made it through. He called me to deliver the good news and I can’t thank him enough. Thank you once again Walt. I appreciate you and everything you have done.read more
Natalie Nyein
Natalie N.
I was so stressed about applying for a protection visa because I heard about how difficult it was to apply for and the rejection rates, but Saemeh and her team made the process easy and seamless. All I had to do was fill out some forms and send out my documents and they took care of everything! If you are a Burmese citizen looking for a protection visa I couldn't recommend anyone better to handle your case.read more
Pramela Raja Desinggit
Pramela Raja D.
I cannot speak highly enough of my lawyer Mr Walt and his exceptional representation throughout my appeal process at the Administrative Appeals Tribunal (AAT). From the moment I engaged their services, I was impressed by their professionalism, expertise, and unwavering dedication to my case.Mr Walt demonstrated an unparalleled understanding of migration law and meticulously prepared my appeal, leaving no stone unturned. His clear communication and guidance throughout the entire process alleviated any concerns I had, providing me with the confidence and reassurance I needed during what was undoubtedly a stressful time.What truly sets Mr Walt apart is his genuine care for his clients. He took the time to understand my unique circumstances, and his personalized approach ensured that my case received the attention it deserved. His strategic legal arguments were both persuasive and compelling, ultimately leading to a favorable outcome at the AAT.I am immensely grateful to Mr Walt for his unwavering support and tireless efforts on my behalf. Thanks to his expertise and dedication, I can now look forward to a positive future in Australia. I wholeheartedly recommend Mr Walt to anyone in need of expert migration legal services.Thank you once again for everything.Sincerely,Pramela Raja Desinggitread more
KAMALPREET SINGH
KAMALPREET S.
I am highly thankful to Saemeh Ghasemi and Carolyn Araboghlian for helping me to get visa for my wife and 12 years old step daughter.I was stuck with any other migration agent for almost 2 years but no response from immigration.Someone has recommended me Gold migration and I received my visa in 5 months with their hardwork and well prepared lodgement of my file.Little bit expensive for me but really worth it.Thanksread more
Nay Zaw
Nay Z.
Saemeh has been very supportive and knowledgeable. Highly recommended.
Abdul hamid Adam
Abdul hamid A.
My partner and I walked into Gold Migration for the first time in early November 2023 for seeking help about my case in AAT. Saemeh Ghasemi help me and support me through with everything that I need to prepare for hearing in next few week. Saemeh Ghasemi also accompany and attend AAT hearing with me. Saemeh Ghasemi always give us mentally support, tell us don’t be stress. In January 2024, Saemeh called me and give me a good news, that we won ATT. Thank you Saemeh Ghasemi, you make my self and my partner can be together and stay in Australia together. Thank you Gold migration lawyers.read more
Simon m
Simon m
I engaged Gold Migration, because I had left things a little too late and there were some factors that were too complicated and too confusing and too high risk for me to do on my own.My first meeting with them was by video. I was looking at a set up with lined up desks much like you see in a court room drama. There were 3 people in the room. They asked me to describe my circumstances and they answered my questions. They were forthright and pulled no punches, they told me the risks and the issues I would have to deal with. Then they conferred together and then gave me a price. It wasn’t the most expensive I had been quoted, nor the cheapest, but what impressed me about them was the machine like efficiency they dealt with the problem from the beginning. There are NO surprises from this firm. They lay out all the costs at the time of engagement, they tell you the steps they will be taking and their approach.Remember this is Immigration you’re dealing with, even expert lawyers have no control over such a department, timescale is not in the control of you or your lawyers.For the first month it was a flurry of activity for me. They sent me a cloud based drive to upload all my documents and evidence to. They reviewed it and made suggestions. All of the statements they asked me to write came with examples and best way to write them. Then they told me they had everything they needed and to leave it with them. On reflection I realised I had witnessed a highly experienced team in action. They asked for and got what they needed, it was explained and documented and organised. They have a very efficient set of procedures they follow and they make sure all the boxes are ticked before they submit.You can’t fault this level of experience and practical application, you basically pay them and go along for the ride. Over the months as immigration dealt with the case they came back to me a few times and asked for more information. I know they wrote reports and fielded questions from immigration but all I got was a comment that everything was tracking as planned.The most interesting part for me to see was the obvious pleasure and satisfaction they enjoyed when they called me to tell me we finally had the PR visa. They took it personally and that meant a lot to me.Are they expensive ? Well that depends, how much is having your family members live with you in Australia worth to you ? They are not the cheapest , they are not the most expensive, but I am confident that they are the best!If you are worried about getting a loved one or a valued worker a visa, or you are having issues with your visa, you should not hesitate to go with the gold standard. Go with Gold Immigration and sleep better at night knowing your visa issue is in good hands.read more