Section 48 Bar

 

What is S48 Bar?

The section 48 bar applies to applicants who have had a visa refused or cancelled since their last entry into Australia and the applicants do not currently hold substantive visas. If you are subject to S48 Bar, you have been prevented from lodging most visa applications while you are in Australia (there are some limited options), which means you need to leave Australia before you can reapply for a visa.

If you currently hold a substantive visa and you had another visa application refused, then you are not subject to S48 Bar.

 

Can S48 Bar be waived?

Unfortunately, within the current legislation, there is not a ‘waiver’ or compelling & compassionate circumstances the applicant may apply for to waive the s48 bar. However, there are some visa applications that are exempt from the s48 bar:

• Partner visa (Temporary)
• Partner visa (Residence)
• Protection visas
• Territorial Asylum visa (Residence)
• Medical Treatment Visa
• Border visa (Temporary)
• Special Category visa (Temporary)
• Bridging visa A, B, C, D, E, F
• Resolution of Status visa
• Child visa (Residence)
• Skilled—Nominated (Permanent) (Class SN) (from 13 Nov 2021)
• Skilled Work Regional (Provisional) (Class PS) (from 13 Nov 2021)
• Skilled Employer Sponsored Regional (Provisional) (Class PE) (from 13 Nov 2021)

Please note that there may be additional stringent criteria to be satisfied when applying for the above visas.

 

What can I do if I am subject to S48 Bar?

You can either leave Australia and apply for a new visa offshore, or you may have the right to appeal the decision to the Administrative Appeals Tribunal (AAT) when S48 Bar applies to you. If your situation is more complicated, you will need to talk to a Registered Migration Agent and seek professional advice.