Visa Explainer
Can You Apply for Another Australian Visa After Refusal? The Section 48 Bar Explained
Section 48 is not a universal ban triggered by every refusal. It generally matters when a person is in Australia, no longer holds a substantive visa and has had a relevant refusal or cancellation since last entry. A prescribed class may still be available, but lodgement is not the same as eligibility or grant.
Section 48 is often reduced to the statement that a refused applicant cannot lodge another visa in Australia. The legal test is more specific. It requires a single timeline covering the person's location, whether they currently hold a substantive visa, any refusal or relevant cancellation since their last entry, and the class of visa they now intend to apply for.
When does Section 48 apply?
Under the current Migration Act 1958, the typical case involves a non-citizen in the migration zone who does not hold a substantive visa and, since last entering Australia, has been refused a visa or has had a visa cancelled under one of the provisions listed in Section 48. A bridging visa is not a substantive visa.
- The person is in Australia.
- They do not currently hold a substantive visa, even if they hold a bridging visa.
- A refusal or relevant cancellation occurred after their most recent entry.
- They now want to make another visa application in the migration zone.
If the person still holds a valid substantive visa when a refusal occurs, the no-substantive-visa element may not yet be met. The position can change when that visa ends. The refusal date or the name of the current bridging visa is therefore not enough on its own.
Which visa classes are not prevented by Section 48 itself?
Regulation 2.12 prescribes the following visa classes as exceptions to Section 48. This means Section 48 itself does not prevent an application for one of these classes. Because the regulation lists classes, Schedule 1 must then be checked to identify the current subclass within each class.
| Prescribed visa class | Current subclass | What still has to be checked |
|---|---|---|
| Partner (Temporary) (Class UK) | 820 Partner | Applied for at the same time and place as Class BS |
| Partner (Residence) (Class BS) | 801 Partner | Special Schedule 1 validity documents apply in Section 48 cases; Schedule 3 may also apply |
| Protection visas | 866 Protection, 785 Temporary Protection, 790 Safe Haven Enterprise | The separate criteria for the relevant protection visa |
| Medical Treatment (Visitor) (Class UB) | 602 Medical Treatment | Additional accompanying-document rules apply without a substantive visa |
| Territorial Asylum (Residence) (Class BE) | 800 Territorial Asylum | Limited to the specific territorial-asylum circumstances |
| Border (Temporary) (Class TA) | 773 Border | A highly specific border-visa arrangement |
| Special Category (Temporary) (Class TY) | 444 Special Category | The relevant eligibility and entry requirements |
| Bridging A / B / C | 010 / 020 / 030 | Bridging visas manage status and are not substantive visas |
| Bridging D | 040 / 041 | Only the relevant statutory bridging circumstances |
| Bridging E / F / R | 050 or 051 / 060 / 070 | Each subclass has separate application criteria |
| Resolution of Status (Class CD) | 851 Resolution of Status | Only the cohorts specified by the Regulations |
| Child (Residence) (Class BT) | 802 Child, 837 Orphan Relative | Section 48 applicants face additional age, status and evidence rules |
| Retirement (Temporary) (Class TQ) | 410 Retirement | Current application access is principally limited to current or recent holders |
| Investor Retirement (Class UY) | 405 Investor Retirement | Current application access is principally limited to current or recent holders |
| Skilled—Nominated (Permanent) (Class SN) | 190 Skilled—Nominated | Invitation and nomination remain mandatory; an onshore applicant must hold a substantive visa or subclass 010/020/030 |
| Skilled Work Regional (Provisional) (Class PS) | 491 Skilled Work Regional | Invitation and nomination or eligible-family sponsorship still apply; onshore status rules also apply |
| Skilled Employer Sponsored Regional (Provisional) (Class PE) | 494 Skilled Employer Sponsored Regional | Sponsorship, nomination and position requirements remain; an onshore applicant must hold a substantive visa or subclass 010/020/030 |
Which popular visas are not prescribed exceptions?
| Visa | Onshore position if Section 48 applies |
|---|---|
| Subclass 189 Skilled Independent | Not a prescribed class |
| Subclass 485 Temporary Graduate | Not a prescribed class |
| Subclass 500 Student | Not a prescribed class |
| Subclass 482 Skills in Demand | Not a prescribed class |
| Subclass 186 Employer Nomination Scheme | Not a prescribed class |
| Subclass 407 Training | Not a prescribed class |
This does not mean those visas can never be applied for anywhere. It means that while Section 48 applies, an application for a non-prescribed class cannot be made in the migration zone. A lawful offshore application depends on the intended visa's location rules, current visa and bridging status, ability to return and any other restriction.
If 190, 491 and 494 are not barred by Section 48, why does current visa status still matter?
All three are prescribed by regulation 2.12, so Section 48 itself does not prevent an onshore application. Schedule 1 separately requires an applicant in Australia for subclasses 190, 491 or 494 to hold a substantive visa or a subclass 010 Bridging A, 020 Bridging B or 030 Bridging C visa. A person holding only a Bridging E or another bridging subclass may therefore still fail the validity rules. Invitation, nomination or eligible-family sponsorship for 190/491, and sponsorship, nomination and position requirements for 494, also remain.
Does a prescribed partner visa remove every obstacle?
No. The onshore partner combination is Partner (Temporary) Class UK (subclass 820) and Partner (Residence) Class BS (subclass 801). Both are prescribed by regulation 2.12, so Section 48 itself does not bar the applications. Schedule 1 nevertheless imposes additional validity documents and prior-partner-refusal rules for Section 48 applicants, while relationship evidence, any No Further Stay condition and Schedule 3 remain separate issues.
Does an ART review remove the Section 48 bar?
Not automatically. Review rights, the strict review deadline and bridging arrangements depend on the decision and notice. A valid Administrative Review Tribunal application may help a person remain lawful during review, but a bridging visa is not substantive and the review does not erase Section 48.
How do Section 48, condition 8503 and Schedule 3 differ?
| Rule | What it mainly controls | Common misconception |
|---|---|---|
| Section 48 | Which visa classes can be applied for in Australia after a relevant refusal or cancellation when no substantive visa is held | A bridging visa avoids the bar |
| Condition 8503 | A No Further Stay restriction attached to a visa | A Section 48 exception automatically removes 8503 |
| Schedule 3 | Additional grant criteria for certain onshore applicants without a substantive visa | A valid application means Schedule 3 no longer matters |
All three can operate in one case. A person may select a prescribed partner class but still need to address a No Further Stay condition and Schedule 3. None of these rules substitutes for the others.
Does leaving Australia reset Section 48?
Departure should not be treated as an automatic reset button. Section 48 concerns applications made in the migration zone and refers to events since last entry. Some people may lawfully apply offshore, but departure can end a bridging visa and there may be no right to return. The intended visa may also impose application-at-lodgement or decision-location rules. Check visa status, review proceedings, travel rights and offshore application rules before departing.
A practical checklist after a refusal
- Identify the refused application, decision date, review right and strict deadline.
- Confirm whether you still hold a substantive visa; do not treat a bridging visa as substantive.
- Map every visa application, refusal and cancellation since your most recent entry.
- Check for conditions such as 8503, 8534 or 8535.
- Use the legal visa class to check whether the intended visa is prescribed by regulation 2.12.
- Even if prescribed, check invitation, nomination, sponsorship, Schedule 3, location and every validity requirement.
- Assess the effect on lawful status and return rights before departure, withdrawal of review or a new application.