Being section 48 barred basically means that a person is prevented from making a new visa application while they remain onshore if:
- The person does not hold a substantive visa: Basically, this means if the person is unlawful or holding a Bridging Visa or a Criminal Justice Visa and
- Since last entered Australia, the person applied for a visa and it was refused (except for refusals of bridging visas or refusal due to character grounds) or had a visa cancelled (except on character grounds)
There are some exceptions to this rule. A person who is section 48 barred can still make an onshore application for the following visa subclasses:
- Partner Visa: this is possible if the visa that was refused or cancelled was not a Partner Visa.
- Protection Visa
- Child Visa
- Medical Treatment Visa
- Bridging Visas
- Territorial Asylum
- Border Visa
- Special Category Visa
- Resolution Status Visa
- Retirement Visa
- Investor retirement Visa
Important Facts About being s48 Barred
- Section 48 bar does not apply to people who overstayed their substantive visa and are now unlawful.
- Section 48 bar does not apply if a person got a visa refused while the person held a substantive visa.
- It only applies to people who are onshore, so if the person has left Australia, the bar does not longer apply.
- Holders of Bridging Visa B who travel overseas and return are taken to not have left, thus the person would still be section 48 barred.