If you have had a visa refused or cancelled while in Australia and do not hold a substantive visa, you may be barred from applying for most visas while remaining in the country. This is known as the Section 48 Bar, and it applies to individuals who:
Have had a visa refused or cancelled since last entering Australia, and
Do not hold a substantive visa (Note: Bridging visas are not substantive visas)
Can You Still Apply for a Visa in Australia if You Had Your Visa Cancelled or Refused?
Yes. While Section 48 limits your options, there are exceptions, meaning you may still be eligible to apply for certain visas while remaining in Australia.
Below is an overview of the visas that may still be available:
Subclass 820/801 (Onshore Partner Visa) – If you are in a genuine relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, you may be able to apply for an onshore partner visa despite the Section 48 bar. Must satisfy a Schedule 3 criteria that applies to applicants affected by s48 or have it waivered.
Subclass 866 (Protection Visa) – If you fear persecution in your home country and meet the refugee or complementary protection criteria, you may apply for this visa.
Medical Treatment Visa
Subclass 602 (Medical Treatment Visa) – If you require medical treatment in Australia and can meet the criteria, this visa may be an option.
Bridging Visas (For Maintaining Lawful Status While Awaiting a Decision)
Bridging A (Subclass 010) – Allows you to remain in Australia lawfully while your new visa application is being processed.
Bridging B (Subclass 020) – Allows you to travel outside Australia and return while holding a bridging visa.
Bridging C, D, E, F, R – Various bridging visas exist to help individuals remain lawful while they resolve their immigration status.
Territorial Asylum and Resolution of Status Visas
Subclass 785 (Territorial Asylum Visa) – Available for eligible individuals seeking asylum.
Subclass 851 (Resolution of Status Visa) – Available for certain refugee and humanitarian visa holders.
Subclass 190 (Skilled—Nominated Permanent Visa) – If nominated by an Australian state or territory, you may apply despite the Section 48 bar.
Subclass 491 (Skilled Work Regional – Provisional) – Requires state or family sponsorship for skilled work in regional Australia.
Subclass 494 (Skilled Employer Sponsored Regional – Provisional) – Employer-sponsored visa for skilled workers in regional Australia.
What Should You Do Next?
If you are affected by the Section 48 Bar, it is important to seek professional migration advice to determine the most suitable course of action. Depending on your circumstances, applying for an offshore visa or seeking a review of the decision may also be possible.
