Understanding Section 48 Bar: Visa Refusals and Cancellations in Australia
Recently received a visa refusal or visa cancellation letter while not holding a substantive visa? Or want to learn more about the impacts of the Section 48 bar on your future visa application?
Section 48 of the Migration Act 1958, more commonly known as the Section 48 Bar, prevents visa applicants from applying for a substantive visa while in Australia if their current visa has been cancelled or their recent application has been refused.
When Does a Section 48 Bar apply, and when is it not applicable?
Section 48 Bar only applies if the applicant is currently in Australia and NOT holding a substantive visa.
Non-substantive visas are categorised below:
Criminal justice visas
Enforcement visas
However, Section 48 Bar does not apply to a bridging visa refusal, or if the reason for the refusal is because of the character requirements under the Migration Act’s Section 501.
What visas are exempted from Section 48 Bar?
If an applicant did not finish the application process and/or was refused a visa application, or if their visa was cancelled, they may still make a valid visa application for the following:
Special Category visa (Subclass 444) - for New Zealand citizens
Skilled Nominated (subclass 190) visa – state-sponsored permanent residency visa
Skilled Work Regional (subclass 491) visa – state-sponsored regional temporary visa (with permanent residency pathway)
Skilled Employer Sponsored Regional (subclass 494) visa – Regional employer-sponsored temporary visa (with permanent residency pathway)
Territorial Asylum visa
If the applicant received a state sponsorship invitation for the subclass 190 visa or subclass 491 visa, or if they have an employer sponsorship for the subclass 494 visa, visa applicants may go ahead and apply for the abovementioned visas even if their earlier visa decision was a refusal.
It is worth stressing that if they are lodging another visa application it is important for it to be done accurately, otherwise, the chances of another refusal could be high and will lead to more refusals and visa issues.
Can I apply for a waiver for Section 48 bar?
Unfortunately, you cannot apply for a Section 48 bar waiver. Hence, if you found yourself in this situation make sure to seek professional assistance right away.
How can Agape Henry Crux Help?
Agape Henry Crux can help you. Our Accredited Specialists in Immigration Law are specialised in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.