Is this your situation?
You have been refused a visa while onshore. Section 48 now prevents you from making most visa applications. You cannot go home for personal, safety, or practical reasons. You feel like every door is closed and you are running out of time on your bridging visa.
Why people get stuck
Section 48 was designed to prevent applicants from lodging repeated applications to extend their stay. But it also catches people whose circumstances genuinely changed after the refusal. The law does not distinguish between someone gaming the system and someone who formed a real relationship or received a legitimate job offer after their visa was refused.
Common situations include people who entered on a tourist visa, formed a genuine relationship with an Australian citizen after arrival, but had their tourist visa extension refused before they could apply for a partner visa. Or international students whose student visa was refused on GS grounds but who now have employer sponsorship opportunities they cannot pursue because section 48 blocks the application.
What you can do
Check the exempt visa categories. Protection visas and certain partner visas can still be applied for despite section 48. The list is narrow but it is worth checking. A registered migration agent can confirm which exemptions apply to your specific situation.
Request ministerial intervention under section 48B. The Minister can personally lift the section 48 bar for a specific person and allow them to make a further visa application. This requires a written request setting out your circumstances: what visa you want to apply for, why you cannot apply because of section 48, and why the bar creates an unjust outcome in your particular case. The request needs to be supported by evidence.
Ministerial intervention is discretionary. The Minister receives many requests and is under no obligation to consider every one. Cases with strong compassionate, humanitarian, or practical grounds have the best chance, but there are no guarantees.
Depart and reapply from offshore. If no onshore option exists, departing Australia removes the section 48 restriction entirely. You can then apply for any visa you are eligible for from outside Australia. Some people combine this with a planned re-entry on a new visa.
How Bullseye Consultant can help
Amanpreet Bhangoo (MARN 1573884) deals with section 48 cases regularly. He will assess whether you have any onshore options, whether a ministerial intervention request is appropriate, and what the realistic timeframe and prospects are. He will not give you false hope if the prospects are poor.
Call (07) 3519 7009 or email info@bullseyeconsultants.com.au.
FAQ
Q: How often does the Minister lift the section 48 bar?
It is uncommon but it does happen. The Minister exercises this power sparingly, usually in cases with strong compassionate grounds that the legislation was not intended to catch. A well-prepared request supported by detailed evidence is necessary.
Q: Can I stay on a bridging visa while a section 48B request is being considered?
Your bridging visa status depends on your current circumstances. A section 48B request alone does not trigger a bridging visa. You may need to manage your visa status through other means while the request is pending.
