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.

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

  1. Jinder

    Hi peng visitor visa granted after 3 year bar ended I applied fast priority service and fortunately visa granted just the 3rd day of lodgement …finally happy customer 🙂

    Reply
  2. Mani

    Dear Peng
    I am on a student visa 572 subclass Came to Australia in 2009 I have studied Hoticulture and I have 2 and half year experience I am eligible for state sporship But My question is that can I apply for TR as I have option of JRP aswell

    My main question is this that I f you have student visa 572 subclass before 2010 and still 572 can you aplly for TR 485 now

    Thanks in Advance

    Mani

    Reply
  3. Ash

    Hi Peng! My student visa was refused and my case is with MRT and currently on bridging visa A. I recently got an invite for 189 visa. If I apply for PR offshore and come back to Australia on BVB, can I apply for Medicare card while waiting for the decision on the basis of 189 visa?

    Reply
  4. Wei

    Hi Peng

    I was on a 457 and before it expired I lodged another nomination and visa application. I am now on a bridging visa A. Unfortunately the nomination was refused and the visa was withdrawn at the same time by the case officer. Would it be possible for me to apply for another nomination and visa application and get a bridging visa C on shore before the 35 days is up? I am hoping if my application cannot be approved then it will get refused and I can apply for review.

    Reply
    1. Peng Cheng Post author

      Hi Wei,
      You can lodge a 187 or 186 visa while holding a BVC.
      We would need to complete an assessment before we can determine if you can apply for a 457 visa again.
      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
  5. Anna

    Hi Peng, my visa 190 application has been refused. I’ve been given a choice to appeal at AAT in the next 21 days. If appeal can I apply for 190 again offshore and return back to oz after application? At the moment I’m holding BVA. Also, will my husband and son have to travel offshore with me? They are my secondary applicants.

    Thank you.

    Reply
    1. Peng Cheng Post author

      Hi Anna,
      Yes you all need to be outside of Australia to lodge a valid 190 visa if you hold BVA and you’ve had a visa refusal.
      PC

      Reply
      1. Anna

        Hi Peng,
        After appealing at AAT, I applied for BVB to apply subclass 190 offshore and it got granted today. Due to section 48, Will I have another visa refusal if I apply for the same subclass 190 If I apply offshore and return back while holding BVB? Are we eligible to apply for the same subclass offshore if it was refused onshore? Thank you for your kind help.

        Reply
        1. Peng Cheng Post author

          You can lodge another 190 visa if you are outside of Australia, and then return on your BVB.
          PC

          Reply
  6. Smily

    Hi peng, i got 457 visa (approved) as a customer service manager but then got cancelled as immi said the business (salon size was small) so customer service manager position does not need in that salon and they cancelled and they granted me bridging visa E. i applied mrt but came back to india in that week and worked as a salon manager nealry one and half now. and have one year diploma of business administration from Sydney Australia. So my question is If 457 visa cancelled… am i eligible for 489 visa.. i have 50 points and occupation in demand. Your response would be really helpful

    Reply
    1. Peng Cheng Post author

      Hi Smily,
      Sorry but I can’t provide advice about your application 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. PP

    Hi Peng, I would like to know, I apply visa defacto on Dec 16 (I send paper mail quite complete just except my health check and police check of sponsor) and then visa granted 3 days ago (bridging A not in effect, visa student in effect) but I live together July 16 (just 4.5 months before apply visa defacto). And next 1 week after visa granted, Immigration request us health check and police check so we did sent already. In recent I just know defacto will live together 12 months before apply defacto.
    1. My application will refuse 100%?
    2. If I go to do relationship register and send to Immigration , it help my visa is not refuse?
    3. If my visa refuse, I can apply MRT?
    4. If my visa refuse, How long We can apply again?
    5. What is the best way to make visa don’t refuse because I really don’t know about time live 12 months before apply because if I know I go to do relationship register before I apply but don’t don’t really know that?

    Thank you very much
    PP

    Reply
    1. Peng Cheng Post author

      Hi PP,
      You can use a relationship registration certificate obtained after lodgement to waive the 12 month requirement.
      PC

      Reply
  8. Sindhu

    Hi pc
    I am on 457 visa, recently I applied ENS visa -TRT stream.

    but now company got bar for 12 months, because failed to sponsorship obligations.
    Now will they refuse my Ens visa
    And what about my current 457visa
    In the bar section 457 visa will cancel or not please help me
    Thank you.

    Reply
    1. Peng Cheng Post author

      Hi Sindhu,
      The bar doesn’t affect your current 457 visa.
      Department would have informed the employer if the Department’s sanction included the cancellation of 457 visas.
      PC

      Reply
  9. Angello

    Hi, may i ask ,my application of a 309 partner visa got refused and i had to leave Australia in the end , am i eligible for a 189 visa subclass if i have the skilled they require ? Hope you can give me some advise . Thank you.

    Reply
    1. Peng Cheng Post author

      Hi Angello,
      You can if you satisfy the relevant visa requirements.
      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. Sam

    Hi peng, I wanna ask a question I applied my 186 ens on june 2016 but it got refused in November 2016. so I apply for MRT because my 457 visa was expired on july 2016 so no other option.
    now I am holding
    BRIDGING VISA A
    SUB CLASS 010
    This visa I got when apply ENS but after applying for MRT its still in effect
    Now I got invitation to apply for 489 Visa
    Is that I can apply onshore in Australia or section 48 bar applies at me ?
    one of the migration agent said yes I can apply onshore as long as I am holding bridging visa A
    Can u please clarify ?

    Reply
    1. Peng Cheng Post author

      Hi Sam,
      Section 48 applies if you hold a BVA and you’ve had a visa refusal – please see above post.
      PC

      Reply
  11. Lee

    Dear Peng, may I know if I voluntarily withdraw from PhD program, my uni will inform immigration and I have 28 days to leave Australia, so can I apply a dependent visa during these 28 days?my partner student visa will expire in 2019 and he is going to complete study January 2018. Or can I leave Australia, then apply ETA visitor visa to come back Australia and reunite with my partner and apply for dependent visa while holding ETA in Australia? I am from Malaysia. Thanks so much!

    Reply
    1. Peng Cheng Post author

      Hi Lee,
      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
  12. Nazim Ahmed

    Dear PC

    In 2009 I was in Australia on Student visa. My visa was cancelled 1 month before my departure, when I reached airport I came to know about my visa cancellation under section 137j. I was given two option 1. To apply for revocation in Australia or I may choose to depart Australia and apply for revocation from outside Australia but I could not apply from outside Australia because my visa was cancelled 1 month back. On that letter nothing was mentioned about BAN. Now I am eligible for PR visa and already got positive skill assessment. So I can go ahead and complete the process, will this student visa cancellation be a problem for.

    Waiting for you earliest reply.

    Nazim

    Reply
    1. Peng Cheng Post author

      Hi Nazim,
      will this student visa cancellation be a problem for – I don’t think so.
      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
  13. Rachit

    Dear Sir/Madam,
    My student visa was cancelled automatically in 2010 under section 137J due to non-compliance with condition 8202. In the same notice, I was told that there will be doubts on my future applications for Australian visas and since then I have not applied for 1. Now, I am interested in applying for Australian PR under the Skilled migrant program (subclass 189). Is that something that I can pursue or not because of my earlier cancellation in 2010.
    Thank you.

    Reply
      1. Rachit

        Thank you Peng Cheng for your response.
        Do you guys assist with the application for VISA subclass 189 ? If yes, please let me know.

        Reply
  14. Aya

    Hi Peng,

    Thank you for supporting all of us for these complex matters. It means a lot to us. Today, I would like to ask about an urgent matter due to DIBP announcement effect in 19 April 2017.

    About 2 months ago, I lodged my application for a Temporary Work (Skilled) (subclass 457) visa within Australia and BVA was approved on 6 April 2017. My husband is included in this BVA with me. We were wishing to immigrate to Australia.

    However, as you may know, DIBP entirely removed 200 occupations from STSOL on 19 April 2017, and unfortunately my occupation was listed in them. As their announcement goes, once my application has reached the assessment stage, I will be contacted by the Department and given the opportunity to withdraw my application, resulting in ineffectiveness of BVA. In the meantime, my husband was planning to go to a language school for English.

    My question is
    – Is he able to apply for a Student Visa while on this BVA?

    Subclass 457 cannot be approved and BVA will not allow us to remain lawfully in Australia sooner or later. We do not want to leave Australia even temporarily for a reason. So I would like to know if he can apply for a Student Visa while on BVA.

    It would be very much appreciated if you could offer some help.

    Kind Regards,

    Reply
    1. Peng Cheng Post author

      Hi Aya,
      Sorry but we will need to ask you to contact us for an appointment if you need advice in relation to your options – 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 assistance.
      PC

      Reply
  15. khem

    Hi Peng

    My application for student visa was refused but I want to appeal to AAT which will put me in bridging visa.
    so during AAT period can I apply for 190 or 489 visa?

    Khem

    Reply
    1. Peng Cheng Post author

      Hi Khem,
      You can but you would need to be outside of Australia when you lodge your visa application.
      PC

      Reply
  16. Ratri langenbach

    Hi Peng,can I apply defecto partner visa after my student visa refusal under section 94 as I have 21 days to go to MRT.

    Reply
    1. Peng Cheng Post author

      Hi Ratri,
      Sorry but we will need to ask you to contact us for an appointment if you need advice in relation to your options – 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 assistance.
      PC

      Reply
  17. Jinder

    Dear mr cheng I was was overstayed in Australia but now I’m offshore in india and my 3 year bar is going to end in July but I applied partner visa almost 10 months now and haven’t heard any updAte by AHC New Delhi but my wife living in Australia and we want to be togather ASAP because we been married more then 3 and half years so I want to apply for visitor visa for Australia but just worried do I go for it or I have to wait for partner visa out come .?

    Reply
  18. Marie

    Hi Peng
    Am on a bridging c i want to travel to visit my children. Is it possible to apply for a visa b. Please help.

    Reply
  19. Sid

    Hi there, my tourist visa got cancelled on the 29th may 2017 as soon I entered Melbourne airport because they accused me of working. I’ve lodged my pr application and due to get my case officer in 2-3mths. Question is, will they approve my pr application under subclass 189 as I am under the exclusion period and subjected under s48 and PIC 4013? Please advise

    Reply
    1. Peng Cheng Post author

      Hi Sid,
      PIC 4013 isn’t a requirement for the 189 visa – this issue shouldn’t prevent you from being granted this visa.
      PC

      Reply
  20. 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
  21. 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
  22. 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
  23. 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
  24. 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
  25. 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
  26. 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
  27. 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
  28. 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
  29. 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

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