Are You Barred From Making A Visa Application Due to Section 48?

 

Are you barred from making a further visa application due to Section 48 of the Migration Act? This is an issue which you may need to consider if DIAC has refused a previous visa application which you lodged, or if your visa was cancelled.

Section 48

If you do not hold a substantive visa, then this section will bar you from making a further ‘substantive visa’ application in the following circumstances:

  1. If since you last entered Australia, you have lodged a visa application and this application has been refused by DIAC. Exceptions: Section 48 does not apply if the refusal was in relation to a bridging visa application or if the basis of the refusal was due to character issue (i.e. a refusal under Sections 501, 501A or 501B of the Migration Act) or
  2. If your visa was cancelled under sections 109 (incorrect information), 116 (general power to cancel), 134 (business visas), 137J (student visas) or 137Q (regional sponsored employment visas) of the Migration Act.

A ‘substantive visa’ is defined as any visa that is not one of the following: 1) bridging visa, 2) criminal justice visa and 3) an enforcement visa.

Under Section 48(3), if you leave and re-enter Australia while holding a bridging visa, then you are deemed to have been continuously in Australia despite the international travel. This prevents bridging visa holders from using international travel has a means to avoid the application of Section 48.

Exceptions to the application of Section 48

Even if you’ve had a visa application refusal or visa cancellation, you can still lodge a valid application for the following types of visas: partner visas, bridging visas, Subclass 444 for New Zealand citizens and child visas (as well as a few other types of visas).

DIAC’s policy does not provide much further information in relation to the operation of Section 48. This is probably because the operation of Section 48 is pretty clear. This also means that except for the exception outlined above, there is really no way to get around the application of Section 48 if you’ve had a refusal or cancellation.

How we can help

Please Contact Us if you require our assistance.

Our Client Testimonials reflect:

  • the high quality and highly personalised service that we provide
  • the excellence of our work
  • our ability to achieve the outcomes that our clients want
  • our willingness and ability to go ‘above and beyond’

Whether you need comprehensive assistance with an application, assistance and representation with a review application with the Migration Review Tribunal, Refugee Review Tribunal or Administrative Appeals Tribunal, or just a one off consultation, we will provide you with the advice and service that you require.

668 thoughts on “Are You Barred From Making A Visa Application Due to Section 48?

  1. James

    HI, if I have received a notice of intention to cancel for my student visa, am I able to apply for an onshore partner visa before they cancel it? My understanding is that I will be grated a bridging visa A, which will then be cancelled when my student visa is cancelled. Will this cancel my partner visa application? Or am I able to apply for bridging visa e while I wait for a decision?
    Thank you

    Reply
    1. Peng Cheng Post author

      Hi James,
      You can apply for a bridging visa E if you lodge your partner visa and the Department cancels your student visa – Department can still process your partner visa application after a student visa cancellation.
      PC

      Reply
  2. Asaka

    Hi Peng, just wondering about this s48 bar… does”partner visa” includes 461 newzealanders family relations visa as well???? As a spouse? Or just includes defacto or if you are married to Aussie citizens??
    Thank you Peng.

    Reply
  3. Muhammad khan

    Hi
    My students visa 573 was cancelled cause of brecah of 8105 condition . i went back home after that. I want to ask as i understand that i cannot apply for student temporary visa for 3 years but can i apply for a permanent visa such as Rsms as i was told u can apply for permanent visa after 1year of temporary visa cancellation. Is this information correct.

    Reply
    1. Peng Cheng Post author

      Hi Muhammad,
      You can apply for a permanent residency visa – ban applies to temporary visas.
      PC

      Reply
  4. Moni

    Hi Peng, I have applied for 187 visa I was granted bvc with that. And then I decided not to go further with this employer. I applied for another 187 visa with a new nomination and I hold Bvc from this as well. I withdraw the first bvc. So m I still on bvc after 28 days for the second visa application? Or I have to go and talk to the immigration department with this?
    Please help me with this.
    Thanks.

    Reply
    1. Peng Cheng Post author

      Hi Moni,
      You should be holding your second granted BVC but you can check with the Department or use VEVO.
      PC

      Reply
  5. Kong

    Hi Peng,

    I am in BVA because my 186 ENS visa application was refused and my case in MRT right now. I want to ask you if I apply a 489 visa, do I need to withdraw the appeal first and then apply the 489 visa?

    Reply
  6. Fifi

    Hello peng i want to ask u . Im apply for student visa while im onshore and hold bridging visa a.. after that my student visa refuse.. so if im back to my coutry … im still can come to oz and apply abother visa ?

    Reply
    1. Peng Cheng Post author

      Hi Fifi,
      You can lodge a new student visa application if you wish.
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  7. harry

    hi peng,my question is I am on 457 visa .and i applied my wife subsequent visa.assesment in progress.but the problem is after applied my wife visa amy company barred under section 140m[1] d it means sbs barred future application for 2 years.so that section is any affect on my wife application

    Reply
    1. Peng Cheng Post author

      Hi Harry,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  8. polly

    hi if i left australia on a BVE can i apply for an eta visa from my home country which is canada? i was not an overstayer and i didnt have a visa cancelled …however i had a student visa refused…thank you kindly polly

    Reply
  9. Tim

    Hello Peng Cheng,

    I have a query that i am on briding visa of my Partner visa onshore (820,801) hope not but relationship is not in a good state.
    I want to ask am i able to apply for any other visa (work sponser, student visa etc) if we breakup and inform the department in time,
    Its been 1 year i am on bridging visa waiting for decision but things between me and partner not well and marriage is in trouble.

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Tim,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  10. Wiwin

    Hi peng, i wanna i ask. I have a bridging visa A. Unfortunately, i need to travel to korea for 1 week. I know i need to apply for bridging visa B. My question is, what is substantive visa application? What if i dont have this substantive visa? Can i apply for bridging visa B? Can travel visa (ETA) be a substantive visa? Thank you.

    Reply

Leave a Reply

Your email address will not be published. Required fields are marked *