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.