Section 48 Bar: Visa Refusal & Cancellation Restrictions
If your visa has been refused or cancelled, the Section 48 Bar may restrict your ability to apply for another visa. Unlike other restrictions, Section 48 doesn’t review the merits of the case but focuses on whether the original decision was lawful. It involves assessing whether the decision-maker had the authority to make the decision and if the correct legal processes, including procedural fairness, were followed. At CMI Legal, we specialise in helping individuals and families navigate the complexities of Section 48 Bar restrictions. Our expert team focuses on jurisdictional errors and other legal challenges, offering you the best chance to reopen your visa options and move forward with your migration plans.
Book a consultation
Our expert migration lawyers offer paid consultations to suit your needs—choose a quick 15-minute session for general advice or a comprehensive 45-minute session for in-depth discussion and tailored guidance.
Preliminary Migration Law Consultation
Comprehensive Migration Law Consultation
What is the Section 48 Bar?
Section 48 Bar, outlined in the Migration Act 1958, is a legal provision in Australia that restricts individuals who have had their visa refused or cancelled from applying for most new visas while they are in Australia. This provision applies when a person’s visa has been denied or cancelled, and they do not hold any substantive visa, leaving them with a bridging visa or no visa at all. The Section 48 Bar is a significant legal hurdle for individuals, as it can leave them without lawful status in Australia and limit their ability to apply for a new visa.
The purpose of the Section 48 Bar is to prevent individuals from making multiple or repeated visa applications when their previous ones have been refused or cancelled. This bar aims to reduce the number of unfounded or vexatious visa applications made by individuals who have failed to meet the necessary criteria for a visa. Although there are certain exceptions to this restriction, such as applying for specific visa categories or through Ministerial Intervention, it can severely impact your ability to stay in Australia lawfully. Legal assistance is essential to understand your options and work through the complexities of overcoming the Section 48 Bar.
Challenge Your Visa Refusal or Cancellation Now!
Our Experienced Lawyers Guide You Through the Judicial Review Process.
Contact Us Today for Professional Support!
Our Expert Immigration Lawyers Offer 15-minute General Advice or 45-minute In-depth, Tailored Consultations to Suit Your Needs.
Who is Affected by the Section 48 Bar?
Section 48 Bar applies to those persons who are present in Australia, but without a substantive visa, upon a refusal or revocation of their visa. It restricts their chances of applying for most of the new visas whilst being onshore; therefore, it is important to know who is subject to this restriction.
Those affected include:
- Individuals whose visa was refused while they were in Australia
- Individuals whose visa was cancelled while in Australia
- People who do not currently hold a substantive visa
- Those on a Bridging Visa after refusal or cancellation
- Applicants who overstayed their visa or became undocumented
- Non-citizens attempting multiple visa applications onshore
How we work
Consultation & Eligibility Check
Our services start with a thorough consultation to assess your prior immigration experience, the current status, and the available exemptions or alternative solutions to the Section 48 ban before the paperwork is lined up. This will assist in the effort to bring about the most appropriate course of legal action on your case.
Evidence & Documentation
After the eligibility is established, our staff will coordinate with you to acquire all the necessary supporting documents. We make sure that the pieces of evidence comply with the legal background and reinforce your case of reapplication or appeal, depending on the route you decided on.
Filing the Appeal
If you qualify to appeal to the Administrative Appeals Tribunal (AAT), we will process all the documents on your behalf, including legal submissions and documentation. We also provide representation in tribunal hearings where we ensure that your case is represented clearly and confidently.
How Does the Section 48 Bar Impact Your Ability to Apply for a New Visa?
The implications of being subject to the Section 48 Bar are that you will be unable to give over most new visa requests when you are still in Australia. Such a restriction severely diminishes your visa choices and, in turn, can simply leave you with only a few pathways to stay legally. Your capacity to stay or change to another kind of visa is legally limited in terms of the bar unless you are eligible under certain exemptions or you belong to specific subclasses of visa.
What Can You Do if the Section 48 Bar Applies to You?
In case Section 48 Bar applies to you, you will have fewer possibilities to lodge a new visa whilst in Australia. Nevertheless, you can still be eligible to apply in select visa subclasses that are not affected by the bar, or you can choose an offshore application. It is important to seek legal advice to prevent further complications. The suitable legal assistance will open the doors to such options as appeals, exemptions, or legal reapplications.
Key Benefits of Choosing CMI Legal Clear Pricing
Clear Pricing
We have transparent and open prices, so you will never encounter any hidden costs or unforeseen legal expenses.
Direct Lawyer Access
There are no paralegals or assistants involved from beginning to end: you work with our qualified immigration lawyers.
Regular Updates
We ensure that you are updated every step along the way, so that you do not have to think of guessing where your case stands.
Satisfaction Guarantee
We are committed to providing high-quality service that concentrates on successful visa results and tailored, professional legal support.
How CMI Group can help you navigate this situation:
- Evaluate your immigration history and identify possible visa solutions
- Advise whether you can apply onshore under an exemption or should file offshore
- Prepare and lodge appeals at the Administrative Appeals Tribunal (AAT)
- Provide support for Ministerial Intervention, where necessary
- Ensure all your supporting evidence is admissible and strengthens your case
Visas Affected by Section 48 of the Migration Act
The Section 48 Bar restricts non-citizens in Australia from applying for most visa types after a refusal or cancellation, unless they leave the country or qualify for an exemption. This bar significantly limits available options for those affected.
Visas affected by Section 48 include:
- Skilled migration visas (Subclass 189, 190, 491)
- Student visas
- Visitor visas
- Temporary Graduate visa (Subclass 485)
- Temporary work visas (Subclass 482, 403)
- Business Innovation and Investment visas (Subclass 188, 888)
- Employer-sponsored visas (Subclass 186, 494)
What are the prescribed visa classes under Section 48?
{ Partner Visa (Temporary) (Class UK) }
Partner Visa (Residence) (Class BS)
Protection Visas
Medical Treatment (Visitor) (Class UB)
Territorial Asylum (Residence) (Class BE)
Border (Temporary) (Class TA)
Special Category (Temporary) (Class TY)
Bridging A (Class WA)
Bridging B (Class WB)
Bridging C (Class WC)
Bridging D (Class WD)
Bridging E (Class WE)
Bridging F (Class WF)
Bridging R (Class WR)
Resolution of Status (Class CD)
Child (Residence) (Class BT)
Retirement (Temporary) (Class TQ)
Investor Retirement (Class UY)
Skilled – Nominated (Permanent) (Class SN)
Skilled Work Regional (Provisional) (Class PS)
Skilled Employer Sponsored Regional (Provisional) (Class PE) }
Why You Need an Expert Immigration Lawyer for Section 48 Bar Issues
Engaging a qualified immigration lawyer is essential when navigating the complex judicial review process. We understand the legal nuances of judicial review migration law, including how to identify a jurisdictional error or breach of procedural fairness that could overturn your decision. A lawyer ensures your application complies with strict procedural rules and presents a persuasive argument grounded in migration law. Attempting to challenge your migration decision without expert guidance can lead to missed opportunities or avoidable mistakes. At CMI Legal, we provide the knowledge and precision needed to give your judicial review the strongest possible foundation in law.
Get Expert Visa Assistance
Need Help With Your Judicial Review? Connect With Our Top-Rated Lawyers For Professional Legal Guidance!
*Our Expert Migration Lawyers Offer 15-minute General Advice Or 45-minute In-depth, Tailored Consultations To Suit Your Needs.
Why You Need an Expert Immigration Lawyer for Section 48 Bar Issues
The Section 48 Bar is often time-sensitive and can be a complicated matter to navigate, requiring a detailed understanding of Australian immigration law and procedures. When facing this restriction, it is essential to seek the guidance of a professional immigration attorney who possesses in-depth knowledge of immigration demands and can provide a clear, accurate explanation of your options. A skilled lawyer will not only assist in determining your eligibility for any exemptions under Section 48 but also help you gather and prepare the necessary supporting documents to strengthen your case.
An experienced immigration lawyer can effectively represent you throughout the process, whether it’s defending your case through appeals or tribunals or addressing any additional legal challenges that may arise. This expertise is crucial as even a small mistake or missed opportunity can have long-lasting consequences on your ability to remain in Australia. At CMI Legal, we have extensive experience handling Section 48 Bar matters, and we work diligently to assist you in every step of your case. Our dedicated team ensures that everything is done professionally, accurately, and in compliance with immigration law, providing you with the best chance to overcome the Section 48 Bar and pursue your immigration goals.
FAQs on r Visa Refusals
What is the Section 48 Bar, and how does it affect my visa application?
The Section 48 Bar restricts certain non-citizens from applying for new visas while inside Australia if a previous visa has been refused or cancelled. It limits the ability to lodge further applications unless specific exemptions apply.
How can I overcome the Section 48 Bar to apply for a new visa?
Overcoming the bar involves either applying for a visa type that is exempt from the restriction or applying from outside Australia. Legal representation can help you identify the correct approach for your specific situation.
What types of visas are available if I am affected by Section 48?
You may still be eligible to apply for certain visas, such as a Partner visa, Bridging visa, Protection visa, or Medical Treatment visa, depending on your case and legal standing.
Can I appeal the decision that led to the Section 48 Bar?
Yes, in many cases, you can appeal to the Administrative Appeals Tribunal (AAT). If successful, this may allow you to lift the bar or reconsider your visa application. Legal support is highly recommended during this process.
How do I apply for an exemption under Section 48?
Exemptions are not automatic. You must apply for a visa that is not subject to the Section 48 Bar or leave Australia to apply offshore. In some cases, Ministerial Intervention may be considered. A lawyer can guide you through these complex options.
Our Business Owner Visa Lawyers Reviews
Our Happy Clients
