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Sections 48A and 48B Protection Visa Bar 2026: Can You Apply Again?
Section 48A of the Migration Act 1958 generally prevents a non-citizen in the migration zone from making another Protection visa application after a previous protection refusal or cancellation in the circumstances covered by the section.
What does section 48A do?
The provision is designed to prevent repeat onshore Protection visa applications after refusal or cancellation. Its application depends on the person's immigration history and the statutory wording, so a previous protection matter should be examined carefully before assuming another application can be made.
Legislation: Migration Act 1958 — section 48A.
What is section 48B?
Section 48B gives the Minister a personal power to determine, if the Minister considers it in the public interest, that section 48A does not prevent a further Protection visa application. If a determination is made, the Act specifies a limited period ending at the end of the seventh working day after the notice is given for the further application.
Is section 48B an appeal right?
No. Section 48B is an exceptional ministerial power, not an ordinary merits review or a guaranteed pathway after a refusal. The Minister is not generally under a duty to exercise or consider exercising intervention powers simply because a request is made.
For the broader intervention framework, see Ministerial Intervention Australia 2026.
For the underlying visa criteria, see Protection Visa 866 Australia 2026.
