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
Leona A. M.
I contacted Gold Migration Lawyer in April this year (2024). On 30 August 2024 we received the fantastic news that our visas have been double granted. This is life changing for my partner. I would like to express our sincerest gratitude for the extraordinary time and work Gold Migration lawyers have done for us both (and a special shout out to our amazing lawyer Oliver Christiansen who helped make this possible with his support, expertise and professionalism, James Scott (our very first point of contact) and Aileen Chour-our last & bearer of great news). The professionalism, a friendly voice at the other end of the telephone line, the guidance and expert advice given was exceptionally outstanding and beyond words. Highly recommended without a doubt. Dreams do come true! Thank you for changing our lives Gold Migration Lawyers. Henry & Leonaread more
Jaanika K
We contacted Gold migration lawyers before applying for a partner visa. Walt made us feel confident with the service they provide so we hired them and no regrets - Walt was very quick to respond to any questions we had and provided us with the best service we could’ve wished for. I do recommend gold migration lawyers (and Walt) if you’re looking for one!read more
Sophie T.
Justin and his team were AMAZING! My immigration agent had disappeared and only 1 month was left on my visa! I was very distressed. I reached out to Justin and I couldn’t have found better help! They’re extremely knowledgeable! In less than a month, they built a strong decision-ready application. My visa was granted within 3 months instead of 5! I cannot thanks Justin and his team enough for all their help and support! I would recommend them anytime without a doubt.read more
Nyan Lin H.
Words cannot describe how happy I am with my experience! I approached Gold Migration Lawyers for help with lodging my protection visa application and I'm very grateful for the successful outcome. They were very knowledgeable and thorough during the process and the professionalism and understanding from the Team is simply unmatched. Thank you so much Ben, Liana, Walt, and Jibril for making my new life in Australia possible!read more
Ryan Wills, C.
My partner and I used Gold Migration for our partner visa. You will be hard pressed to find a migration lawyer with more integrity, attentiveness, or interest in providing genuine support for any challenge than Walt Calis at Gold Migration. He was(is) quick to respond and willing to do anything to help as it surfaced. You get what you pay for and we received consistent gold star service from Walt.read more
Niyomal G.
I am excited to share my experience with Gold Migration and their exceptional case manager, Saemeh Ghasemi and her team From start to finish, Saemeh and her team has been guiding us through the complex process of securing our visa. Her expertise, dedication, and personalized attention made all the difference. We are incredibly grateful for her support and highly recommend Gold Migration to anyone seeking expert assistance with their visa applications!read more
Khash H.
I'd like to strongly thank Carolyn & Saemeh for the help in getting my citenzship. I was previously with somebody else and ran into some troubles with my application but after a meeting and discussion, Gold Migration made me confident that they could get the job done for me and they certainly did and were extremely professional and quick with the whole process.Both Saemeh & Carolyn worked on my case and done an absolutely amazing job. I honestly cant thank them enough and will forever be grateful of their work in my case. I will always refer Gold Migration & specifically Carolyn & Saemeh in the future to anyone regarding migration needs.Thank you once again!read more
Thomas
I am thrilled to share my experience with Gold Migration and their exceptional case manager, Saemeh Ghasemi. From start to finish, Saemeh has been instrumental in guiding us through the complex process of securing our visa. Her expertise, dedication, and personalized attention made all the difference. She was always available to answer our questions and kept us informed at every step, which made the entire experience smooth and stress-free. We are incredibly grateful for her support and highly recommend Gold Migration to anyone seeking expert assistance with their visa applications.read more
Bruce de B.
Saemeh and Jessi are outstanding. Jessie has been so kind and helpful throughout this time. I recommend gold migration all the way. Saemeh and Jessie really understood our situation. The outcome was amazing.Thank you Saemeh and Jessie for changing our lives in so many ways.read more
