Is this your situation?
You tried to apply for a visa in Australia and were told you cannot because of “section 48.” Or your previous visa was refused or cancelled and now every time you try to lodge a new application, you are told it is invalid. You feel trapped inside a system that will not let you move forward.
Section 48 is one of the most frustrating provisions in Australian migration law because it affects people who often have genuine reasons to stay and genuine claims to another visa. Understanding how it works and what exceptions exist is the first step toward finding a way through it.
What section 48 actually does
Section 48 of the Migration Act prevents certain non-citizens from making a further visa application while they are in the migration zone (Australia). It applies in two main situations: if you have had a visa application refused while you were in Australia, or if you have had a visa cancelled while you were in Australia.
The purpose of the provision is to prevent people from lodging repeated visa applications as a strategy to extend their stay in Australia indefinitely. Each new application would trigger a bridging visa, and the cycle could continue for years. Section 48 breaks that cycle by blocking further applications after a refusal or cancellation.
But the practical effect is broader than the intended purpose. It catches people who had a tourist visa refused and then formed a genuine relationship with an Australian citizen. It catches people whose student visa was refused on GS grounds but who now have an employer willing to sponsor them. It catches people whose circumstances genuinely changed after the refusal.
Exceptions to the section 48 bar
Section 48 does not block every type of visa application. You can still apply for certain categories even if the bar applies.
Protection visas (subclass 866) are exempt. If you face persecution or serious harm in your home country, you can apply regardless of section 48.
Some partner visas in limited circumstances can be applied for despite the bar. The rules here are technical and depend on your specific visa history and when the relationship began. Not all partner visa applications are exempt.
Visas specified by the Minister under section 48B. The Minister has the power to personally lift the bar for a specific individual and allow them to make a further visa application. This is discretionary and requires the Minister to consider your case individually.
How to work out your position
Check what visa was refused or cancelled and under what section of the Act. Check your current visa status on VEVO. Identify which visa categories are exempt from section 48 in your situation. Get professional advice on
whether a section 48B request to the Minister is appropriate.
This is technical work. The interaction between section 48, section 501, bridging visas, and the various exemptions is complicated enough that even experienced migration agents sometimes need to work through it carefully. Getting it wrong means your application is invalid, your fee is wasted, and you may have flagged yourself to the Department.
How Bullseye Consultant can help
Section 48 bar issues are one of the areas Amanpreet Bhangoo (MARN 1573884) and his team deal with regularly. They will assess which provisions apply to your situation, identify whether any exemptions or ministerial intervention options are available, and give you a realistic assessment of your prospects.
Call 0416 965 968 or email info@bullseyeconsultants.com.au.
FAQ
Q: Does section 48 mean I can never get a visa again?
No. Section 48 restricts onshore applications while you are in Australia. You can still apply for visas from outside Australia after you depart. Some visa categories are also exempt from the bar while you are onshore.
Q: How long does section 48 last?
It applies for as long as you remain in Australia. Once you depart, the restriction no longer applies. If you return to Australia on a new visa, the previous section 48 bar does not carry over (although the original refusal or cancellation remains on your record).
Q: Can a migration agent override section 48?
No one can override section 48. It is a statutory provision in the Migration Act. What a migration agent can do is identify whether an exception applies to your situation, or whether a request to the Minister under section 48B is appropriate.
