ការហាមឃាត់ Section 48 / យុទ្ធសាស្ត្របដិសេធនៅក្នុងប្រទេស

What this visa is for#

Advice where an onshore refusal or cancellation blocks a further application.

This is a strategy issue, not a visa subclass. It deals with section 48 of the Migration Act 1958, often called the Section 48 bar or s48 bar. In general terms, it affects some people in Australia whose visa application has been refused, or whose visa has been cancelled, after they last entered Australia.

The practical effect is that a person can be blocked from making certain further visa applications while they are still in Australia. Whether the bar applies, and whether any visa classes remain available to apply for onshore, depends on the law in force at the time and the person’s migration history.

Because this area is technical, the process usually involves checking dates, visa status, refusal or cancellation records, and whether any exceptions or alternative pathways exist. The work is about understanding what can and cannot be lodged onshore after a refusal or cancellation.

Who it is generally for#

This visa is for people who are in Australia and need information about the effect of an onshore refusal or cancellation on any further visa application.

This visa is for people who have had a visa refused while they were in Australia, and want to understand whether section 48 restricts another application made in Australia. It is also for people whose visa has been cancelled while they were in Australia and need to know how that affects later lodgement options.

This visa is for people who are considering whether a further application must be made from outside Australia, or whether a visa in an exempt class may still be available to apply for onshore. It is also for people who need a timeline review, for example where there were multiple applications, bridging visas, or changes in visa status over time.

This visa is for people seeking process guidance from a registered migration agent or an Australian legal practitioner on a review strategy. The work commonly focuses on the operation of the bar itself, not on the merits of any one future visa application.

What it costs#

There is no visa application charge recorded for this item in our data.

If a visa application is later lodged, the government charge depends on the visa subclass actually lodged, not on the Section 48 strategy work. The government charge is the same no matter who lodges it, whether that is the applicant, a registered migration agent or an Australian legal practitioner. Government charges are indexed and usually change on 1 July.

Separate from the government charge, a migration agent or lawyer may charge professional fees for reviewing the refusal or cancellation history, identifying any onshore lodgement restrictions, and setting out possible process pathways. Those professional fees can vary because some matters are straightforward and others involve long visa histories, multiple refusals, cancellation records, review deadlines, or urgent status issues.

VisaBid is a marketplace for quotes, so the useful comparison point is often the scope of work. One quote may cover only a Section 48 assessment, while another may include a file review, written strategy note, bridging visa explanation, and later lodgement help if a further application is legally possible.

How long it takes#

There is no standard Department processing time for this item because it is not a visa application. It is strategy work about the effect of a refusal or cancellation on later onshore applications.

The time for advice from a registered migration agent or lawyer depends on how much material needs to be reviewed. A single refusal with clear dates may be quicker to assess than a matter involving several applications, bridging visas, tribunal steps, cancellation action, or time spent unlawful.

If a new visa application is later lodged, that application will have its own processing time based on the relevant visa subclass. Any review application, ministerial intervention request, or departure and offshore re-application process also runs on its own timeline.

Practical timing often matters. Status can change quickly after a refusal, and some people move from a substantive visa to a bridging visa, or from a bridging visa to no visa at all, depending on what has happened in the case and whether any review rights were used in time.

What the process involves#

The process usually starts with a chronology. That means listing every visa held, every application lodged, the date of last entry to Australia, any refusal dates, any cancellation dates, and whether there were tribunal or court steps after the decision.

The next step is identifying the legal trigger for section 48. In general terms, the analysis looks at whether a refusal or cancellation happened after the person last entered Australia, and what visa status the person held at the time. It also looks at whether the person is currently in Australia, because the bar is about making certain further applications onshore.

After that, the work turns to what kinds of applications are barred and whether any visa classes are exempt from the bar. This is where the law can become detailed. The answer is not simply whether a person wants to apply again, but whether the Migration Act and Regulations permit a valid onshore application for the particular class being considered.

A strategy review may also look at related status issues. These can include whether a bridging visa is in effect, whether work rights or travel rights exist on that bridging visa, whether a departure from Australia changes the practical options, and whether there are active deadlines for review or departure.

Document checking is also part of the process. Decision records, visa grant notices, refusal letters, cancellation notices, acknowledgement letters, and VEVO records often need to be compared carefully. Small date differences can matter because the operation of the bar can depend on the order of events.

If a further valid application is legally available onshore, the next stage is preparing that application under the rules for that visa subclass. If no valid onshore application is available, the strategy work may focus on offshore timing, status management before departure, and understanding what steps can and cannot be taken while the person remains in Australia.

What commonly goes wrong#

A common problem is not having the full decision history. People often keep the latest refusal letter but not the earlier grant notices, bridging visa grants, or cancellation documents. Without the whole timeline, it is easy to misunderstand whether section 48 applies and from what point.

Another common issue is assuming that a refusal automatically means no further application can ever be made in Australia. Section 48 is not that simple. It can block certain onshore applications, but the exact effect depends on the person’s circumstances and on which visa class is being considered.

The opposite mistake also happens. Some people assume that because a visa appears in an online account, it can be lodged validly onshore. Valid lodgement depends on the law for that visa class and any section 48 restrictions, not just on whether an online form is visible.

Incomplete evidence causes delays and confusion. Identity documents, relationship documents, employment records, and status records may all be relevant to the later process, and missing papers can make it harder to map the file accurately. If documents are in another language, certified translations may also be needed for the later visa stage.

Documents can expire during the process. Passports, police clearances, health examinations, English test results and some civil documents have practical expiry issues or limited usefulness after a period of time. A strategy that looked workable at the start can become harder to implement if key documents lapse before the next step is lodged.

Contact details are often overlooked. If the Department does not have the correct residential address, postal address, email address or phone number, important notices can be missed. Missing a notice can affect visa status, review rights, and the timing of any next step.

Bridging visas are frequently misunderstood. A bridging visa does not necessarily carry the same work rights, travel rights or conditions as the substantive visa that came before it. Assuming the conditions are the same can lead to unlawful work, accidental departure without a valid return pathway, or a missed chance to apply for a different bridging visa where the law allows it.

Travel plans can also complicate things. Some people think leaving Australia removes every problem created by an onshore refusal or cancellation. In practice, departure may change what can be lodged and where it can be lodged, but it can also affect bridging visas, review proceedings, and the timing of any later application.

Finally, people sometimes focus only on the next application and not on validity. A strong set of supporting documents does not fix an application that the law does not allow to be lodged onshore. In Section 48 matters, validity is often the first question, not the last.

Frequently asked questions#

What is the Section 48 bar in Australia?#

Section 48 is a rule in the Migration Act that can prevent certain further visa applications being made in Australia after an onshore refusal or cancellation. It does not apply in every situation in the same way, and the effect depends on the person’s migration history and the visa class being considered.

Can another visa be lodged in Australia after a refusal?#

Sometimes a further onshore application is barred, and sometimes a visa in an exempt class may still be available to lodge onshore. The answer depends on the law for the specific visa class and the person’s refusal or cancellation history after their last entry to Australia.

Does leaving Australia remove the Section 48 bar?#

Leaving Australia can change the practical options because section 48 is about certain applications made while the person is in Australia. That said, departure does not erase the visa history itself, and any future application is still assessed under the law for that visa subclass.

Does a bridging visa mean the same rights continue?#

Not always. A bridging visa can have different conditions from the previous substantive visa, including different work rights and travel rights. It is important to check the actual bridging visa grant notice and conditions rather than assuming they stayed the same.

How can a migration agent or lawyer help with a Section 48 issue?#

A registered migration agent or Australian legal practitioner can review the visa timeline, refusal or cancellation records, and current visa status to explain how the onshore restriction works as a process matter. They can also quote for any later work if a valid next step is available under the law.

About this page. This is general information about how the Section 48 bar / onshore refusal strategy (subclass s48-bar) works. It is not immigration assistance and it is not advice about your situation. Under section 280 of the Migration Act 1958 only a registered migration agent or an Australian legal practitioner can give you that. Charges are indexed and most change on 1 July, so check any figure against immi.homeaffairs.gov.au before you rely on it, and check any agent's registration on the OMARA register.