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Section 48 Bar Australia 2026: Which Visas Can You Still Apply for Onshore?
Section 48 of the Migration Act 1958 limits the visa classes that certain non-citizens can validly apply for while they remain in Australia after a visa refusal or specified visa cancellation. It is a validity restriction, not a rule that every further visa application is impossible.
When does section 48 apply?
In broad terms, section 48 applies to a non-citizen in the migration zone who does not hold a substantive visa and who, after last entering Australia, has had a visa application refused — subject to statutory exclusions — or has had a visa cancelled under specified cancellation powers.
Current Act: Migration Act 1958 — section 48.
Which visa classes are currently prescribed?
Regulation 2.12 prescribes the visa classes that can still be applied for despite section 48. The list currently includes, among others, Partner temporary and residence classes, protection visas, Medical Treatment, Special Category, several bridging visa classes, Child (Residence), Skilled—Nominated (the class containing subclass 190), Skilled Work Regional (the class containing subclass 491), and Skilled Employer Sponsored Regional (the class containing subclass 494).
Current regulation: Migration Regulations 1994 — regulation 2.12.
Why subclasses 190, 491 and 494 matter
Because their visa classes are prescribed under regulation 2.12, a section 48 bar does not automatically prevent an otherwise valid onshore application for subclass 190, subclass 491 or subclass 494. The applicant must still independently satisfy all application-validity and visa criteria, including any invitation, nomination or sponsorship requirements.
Read our Subclass 190 guide.
Read our Subclass 491 guide.
Read our Subclass 494 guide.
Section 48 is different from Schedule 3
Section 48 asks whether a further onshore visa application can validly be made. Schedule 3 concerns additional visa-grant criteria for certain applicants without a substantive visa. A person may therefore need to consider both provisions, depending on the visa subclass and immigration history.
See our Schedule 3 Australia 2026 guide.
