I Think I Have Section 48 Bar, What Visa Can I Apply?
Individuals whose visas have been refused or cancelled in Australia may be restricted from lodging further visa applications under section 48 of the Migration Act (Cth) while they remain there.
What is Section 48?
Section 48 prevents an individual from applying for certain visa subclasses while in Australia when they do not hold a substantive visa and their visa application has been refused or cancelled.
What Visa Can I Apply for Under Section 48 Bar?
Despite the bar, some visas are exempted from Section 48, which allows the affected individual to lodge a visa application. These include the below:
Special Category visa (subclass 444) - for New Zealand (NZ) citizens
Territorial Asylum visa (subclass 800)
Are There Any Alternative Options for Section 48 Applicants?
Unfortunately, the Section 48 bar cannot be waived. Hence, it is highly recommended to speak with an Accredited Specialist in Immigration Law to plan a strategy tailored to your circumstances to reach your objective, such as continuing your stay permanently in Australia. However, it is important to understand that some strategies may require you to apply for a visa offshore, which may attract another issue, which is a re-entry ban.
Client Testimonials
….we call it Support Network
Navigating the immigration law process may be difficult, so our former clients have agreed to share their experiences through telephone chats, emails, and in-person meetings.
These are their stories…
How Can Agape Henry Crux Assist
Agape Henry Crux has a team of immigration lawyers and registered migration agent who works together with our Accredited Specialist Immigration Lawyers. The team specialises in handling highly complex matters, and if you are unsure of the eligibility and requirements of the Partner Visas. Schedule an appointment with one of our solicitors to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
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.
