Section 48 Bar Australia 2026: Which Visas Can You Apply for After a Refusal?

Section 48 of the Migration Act 1958 is an application-validity restriction that can significantly narrow a person's onshore visa options after a visa refusal or specified visa cancellation.

It does not mean that every further visa application is impossible. The Act and regulation 2.12 preserve a specific list of visa classes that can still be applied for while the person remains in Australia and is affected by section 48.

When does section 48 apply?

Under section 48, the bar can apply to a non-citizen who is in the migration zone, does not hold a substantive visa and, after last entering Australia, has had a visa application refused other than certain excluded refusals, or has had a visa cancelled under one of the cancellation provisions specified in the section.

The current statutory wording is in section 48 of the Migration Act 1958.

Does an ART appeal remove the Section 48 bar?

No. The statutory test does not require the visa refusal to be finally determined before section 48 can operate. A person can therefore be pursuing merits review while still being restricted by section 48 if the other elements are met.

Which visa classes are currently prescribed under regulation 2.12?

The current Migration Regulations prescribe the following classes for section 48 purposes:

• Partner (Temporary) (Class UK).

• Partner (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, B, C, D, E, F and R classes.

• Resolution of Status (Class CD).

• Child (Residence) (Class BT).

• Retirement (Temporary) (Class TQ).

• Investor Retirement (Class UY).

• Skilled—Nominated (Permanent) (Class SN), which contains subclass 190.

• Skilled Work Regional (Provisional) (Class PS), which contains subclass 491.

• Skilled Employer Sponsored Regional (Provisional) (Class PE), which contains subclass 494.

See the current Migration Regulations 1994, regulation 2.12.

Can you apply for a Partner visa if Section 48 applies?

Partner visa classes are prescribed under regulation 2.12, so section 48 does not automatically prevent an otherwise valid Partner visa application. However, the applicant must still satisfy all other validity requirements and may face separate issues such as Schedule 3, location rules or visa conditions.

Can you apply for subclass 190, 491 or 494?

Yes, their visa classes are prescribed for section 48 purposes. This means section 48 itself does not prevent an otherwise valid onshore application for subclass 190, 491 or 494.

The applicant must still independently satisfy the requirements for the visa, including any invitation, nomination, sponsorship, occupation, skills and application-location requirements.

Section 48 is different from Schedule 3

Section 48 concerns whether a person can make a valid application for certain visa classes while affected by the bar. Schedule 3 contains additional grant criteria that can apply to some applicants who do not hold a substantive visa.

A visa class can therefore be available despite section 48 while the applicant still faces a separate Schedule 3 issue.

Section 48 is also different from Section 48A

Section 48A is a separate statutory restriction dealing with repeat Protection visa applications in specified circumstances. Being able to identify a protection visa as a prescribed class under regulation 2.12 does not by itself resolve any separate section 48A bar.

Does leaving Australia end the practical Section 48 restriction?

Section 48 applies to a non-citizen in the migration zone. A person who leaves Australia may be able to make an application from outside Australia where the relevant visa's application rules permit offshore lodgement. Other statutory bars, visa-specific criteria and return-to-Australia issues may still apply.

Before lodging another visa after a refusal

• Confirm whether you currently hold a substantive visa.

• Identify the refusal or cancellation that may trigger section 48.

• Check whether the proposed visa class is prescribed under regulation 2.12.

• Check separate validity requirements for the proposed subclass.

• Check Schedule 3, No Further Stay and any other applicable statutory bars.

• Check any ART or court deadline separately from the new visa strategy.

Important

Section 48 is a technical validity provision. This article provides general information only and should not be used as a substitute for checking the current Act, Regulations and the applicant's precise immigration history.