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)

 

Prescribed Visas

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.