Key points (updated October 2026)
- The section 48 bar applies if you are in Australia, do not hold a substantive visa, and have had a visa refused or cancelled since your last arrival.
- You can still apply onshore for a limited list of visas, including partner, protection and bridging visas and, since 13 November 2021, the 190, 491 and 494 skilled visas.
- The bar still applies to the 189, Skills in Demand (482) and 186 visas and to student visas.
- Refusal reviews are now heard by the Administrative Review Tribunal (ART), which replaced the AAT on 14 October 2024. A pending review does not lift the bar.
If you have had a visa cancelled or refused since last arriving in Australia and you are either unlawful (that is – you do not hold a visa) or you hold a bridging visa you are then in what is called ‘section 48 bar’.
If you are ‘section 48 barred’ you are prevented from lodging most other visa applications while you are in Australia (there are some very limited exceptions). This means that you would normally need to leave Australia.
Becoming unlawful in Australia or overstaying your visa can negatively affect future visa applications and eligibility for citizenship.
From 13 November 2021, a S48 Bar waiver is available for skilled visa applicants for subclasses: sc190, sc491 and sc494. This means that Section 48 bar applicants can apply for sc190, sc491 and sc494 visas Onshore from the above date. If you need to discuss your matter please book a consultation.
State and Territory nominated visas and the section 48 bar
The section 48 bar applies to applicants who have had a visa refused or cancelled since their last entry into Australia. Before 13 November 2021, a person subject to the bar had to leave Australia to apply for a state nominated visa, which was very difficult during the COVID-19 border closures.
Since 13 November 2021, the Migration Regulations allow people subject to a section 48 bar to apply in Australia for these three skilled visas:
- Skilled Work Regional visa (subclass 491)
- Skilled Nominated visa (subclass 190)
- Skilled Employer Sponsored Regional visa (subclass 494)
This means the section 48 bar is no longer a barrier to applying for these visas onshore, but you still need a state or territory nomination (for the 190 and 491) or an employer nomination (for the 494), and you must meet all other visa criteria.
Each state and territory sets its own nomination rules. Most states will consider applicants who are subject to a section 48 bar, but they usually require you to:
- declare any previous visa refusals or cancellations in your registration of interest or nomination application;
- hold a valid bridging visa, or explain your current visa status;
- meet their usual residence and employment requirements. Time spent unlawfully in Australia may not count.
Some states give lower priority to, or do not nominate, applicants who are unlawful or whose previous application was refused for reasons such as false information. Check the current criteria before you apply. See our 491 state nomination requirements page for the 2026-27 settings.
Other skilled and employer visas: the section 48 bar still applies to the subclass 189, 482 and 186 visas, so if you are barred you generally need to leave Australia to apply for these visas. A ministerial intervention request may be possible in limited cases, for example if you are the parent of an Australian citizen child.
For section 48 of the Act the following classes of visas are prescribed:
(a) Partner (Temporary) (Class UK);
(b) Partner (Residence) (Class BS);
(ca) Medical Treatment (Visitor) (Class UB);
(e) Territorial Asylum (Residence) (Class BE);
(f) Border (Temporary) (Class TA);
(g) Special Category (Temporary) (Class TY);
(ma) Bridging F (Class WF);
(mb) Bridging R (Class WR);
(o) Resolution of Status (Class CD);
(p) Child (Residence) (Class BT);
(q) Retirement (Temporary) (Class TQ);
(r) Investor Retirement (Class UY).
Note: Section 48 of the Act limits further applications by a person whose visa has been cancelled, or whose application for a visa has been refused.
In simple terms, a person subject to the section 48 bar can usually still apply onshore for a partner visa, a protection visa (unless a separate protection visa bar under section 48A applies), a bridging visa, certain child and retirement visas, and the 190, 491 and 494 skilled visas. For any other visa, you generally need to leave Australia and apply from outside Australia. Leaving can trigger other issues, such as a re-entry ban or a no further stay condition, so get advice before you go.
Section 48 bar: frequently asked questions
Does the section 48 bar apply if my visa was refused while I was overseas?
No. The bar applies to people who are in Australia and have had a visa refused or cancelled since their last entry. A refusal of an application you lodged from outside Australia does not create a section 48 bar.
Does leaving Australia remove the bar?
Yes. The bar is linked to your current stay in Australia. Once you depart and later return on a new visa, it no longer applies. However, leaving can create other issues, such as a re-entry ban or exclusion period, so get advice before you go.
Does applying to the ART lift the bar?
No. Lodging a review with the Administrative Review Tribunal does not remove the bar, and you usually stay on a bridging visa while the review is decided. If the Tribunal sends your original application back for reconsideration, that application can then be granted.
Can I apply for a student visa if I am section 48 barred?
Generally no. The Student visa is not a prescribed visa for section 48. Separate rules from 2 October 2026 also stop most temporary visa holders in Australia from applying for a Student visa onshore. See our student visa changes article.
Can the Minister help if I am section 48 barred?
In limited cases the Minister can personally intervene, for example by granting a visa after an unfavourable Tribunal decision where there are compelling and compassionate circumstances, or by allowing a further protection visa application. These powers are discretionary and are not a right. See our ministerial intervention page.
