Section 48 of the Migration Act 1958 can significantly restrict the visa options available to certain non-citizens who have had a visa refused or cancelled while in Australia and who no longer hold a substantive visa.
However, being affected by section 48 does not necessarily mean that a person has no further visa options in Australia. Regulation 2.12 of the Migration Regulations 1994 prescribes particular visa classes that may still be applied for by a person subject to the section 48 bar.
At Melton Migration, we provide comprehensive immigration strategy services for clients affected by section 48, including assessment of onshore visa options, prescribed visa classes, Bridging visa status, Schedule 3 implications, ART proceedings and alternative offshore strategies.
1. What Is the Section 48 Bar?
Section 48 applies, broadly, to a non-citizen in the migration zone who:
- does not hold a substantive visa; and
- after last entering Australia, has had a relevant visa application refused or has had a visa cancelled under one of the cancellation provisions specified in section 48.
Where section 48 applies, the person may generally apply in Australia only for a visa of a class prescribed for section 48 purposes, subject to the Regulations and the requirements of the particular visa.
This means section 48 is principally a restriction on making further visa applications while in Australia. It is not itself a visa refusal.
2. When Can Section 48 Apply?
Section 48 may become relevant where a person:
- is physically in the migration zone;
- does not hold a substantive visa; and
- after their last entry into Australia, has had a relevant visa application refused or a visa cancelled under a cancellation provision specified in section 48.
The legislation contains important exclusions and qualifications. For example, section 48 does not treat a refusal of a Bridging visa, or a refusal under sections 501, 501A or 501B, in the same way as the ordinary visa refusals specified in the provision.
The client’s precise immigration chronology must therefore be examined before concluding that the section 48 bar applies.
3. What Is a Substantive Visa?
A substantive visa is generally a visa other than:
- a Bridging visa;
- a Criminal Justice visa; or
- an Enforcement visa.
Accordingly, a person holding a Bridging Visa A, B, C or E may still be a person who does not hold a substantive visa for section 48 purposes.
This is why a person can be lawfully present in Australia on a Bridging visa while simultaneously being affected by section 48.
4. Regulation 2.12 – Visas That May Still Be Available
Regulation 2.12 of the Migration Regulations 1994 prescribes visa classes that can potentially be applied for despite section 48.
As at the current 2026 legislative framework, the prescribed classes include:
- 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 (Class WA);
- Bridging B (Class WB);
- Bridging C (Class WC);
- Bridging D (Class WD);
- Bridging E (Class WE);
- Bridging F (Class WF);
- Bridging R (Class WR);
- Resolution of Status (Class CD);
- Child (Residence) (Class BT);
- Retirement (Temporary) (Class TQ);
- Investor Retirement (Class UY);
- Skilled—Nominated (Permanent) (Class SN);
- Skilled Work Regional (Provisional) (Class PS); and
- Skilled Employer Sponsored Regional (Provisional) (Class PE).
The inclusion of a visa class in regulation 2.12 does not automatically mean that the person is eligible for that visa. All applicable validity requirements, Schedule 1 requirements, visa criteria and other statutory restrictions must still be considered.
5. Partner Visa Applications and Section 48
One of the most significant exceptions is the availability of prescribed Partner visa classes.
A person affected by section 48 may potentially be able to make an onshore Partner visa application where the relevant application requirements are satisfied.
However, overcoming the section 48 restriction does not necessarily resolve all other immigration issues.
A person without a substantive visa may also need to address:
- Schedule 3 criteria;
- compelling reasons for Schedule 3 criteria not to be applied;
- relationship requirements;
- sponsorship requirements;
- character;
- health;
- previous immigration history; and
- other applicable Partner visa criteria.
Accordingly:
Section 48 eligibility and Schedule 3 compliance are separate legal questions.
6. Skilled Visa Options Under Regulation 2.12
Regulation 2.12 also currently prescribes certain skilled visa classes, including:
- Skilled—Nominated (Permanent) (Class SN);
- Skilled Work Regional (Provisional) (Class PS); and
- Skilled Employer Sponsored Regional (Provisional) (Class PE).
This can create potential strategic options for some section 48-affected applicants.
However, being exempt from the section 48 application restriction for a prescribed class does not remove the need to satisfy all other requirements associated with the relevant visa, which may include nomination, invitation, skills assessment, occupation, age, English, employment or other requirements.
7. Protection Visa Applications
Protection visas are also prescribed under regulation 2.12.
However, a Protection visa should only be considered where the applicant has a genuine basis for seeking Australia’s protection and satisfies the applicable statutory requirements.
A Protection visa should not be treated merely as a mechanism for extending a person’s stay in Australia after another visa has been refused.
Protection matters can involve complex issues concerning refugee status, complementary protection, previous applications, credibility, country information and statutory application restrictions.
8. Child Visa Options
Child (Residence) (Class BT) is another prescribed class under regulation 2.12.
Whether an individual can validly apply depends on the requirements of the relevant Child visa subclass and their particular circumstances.
The section 48 exception should therefore be considered together with all Schedule 1 and Schedule 2 requirements.
9. Bridging Visas and Section 48
Several Bridging visa classes are prescribed for section 48 purposes.
A person affected by section 48 may therefore need assistance with:
- Bridging Visa A;
- Bridging Visa B;
- Bridging Visa C;
- Bridging Visa E;
- work rights;
- Condition 8101;
- overseas travel;
- lawful status;
- ART proceedings; or
- judicial review proceedings.
Importantly, holding a Bridging visa does not itself remove the section 48 bar.
10. Section 48 During ART Review
A person whose substantive visa application has been refused may lodge an application with the Administrative Review Tribunal (ART) if merits review is legally available.
While the ART review is pending, the person may remain on a Bridging visa, but section 48 can still restrict their ability to lodge another substantive visa application in Australia.
The strategy should therefore consider:
ART review + current Bridging visa + section 48 + available prescribed visa classes + longer-term visa strategy.
These issues should be assessed together rather than independently.
11. Section 48 and Schedule 3
Section 48 and Schedule 3 are frequently confused.
They perform different functions:
Section 48 restricts which visa classes certain people can apply for while in Australia after a relevant refusal or cancellation.
Schedule 3 imposes additional criteria in certain visa applications involving applicants who do not hold a substantive visa.
A person may therefore:
- be affected by section 48 but not Schedule 3;
- have a Schedule 3 issue but not be section 48 barred;
- be affected by both; or
- be affected by neither.
A comprehensive strategy must identify each issue separately.
12. Leaving Australia and Section 48
Section 48 applies to a non-citizen in the migration zone who satisfies the statutory requirements.
This means that offshore visa strategies may need to be considered where an appropriate visa cannot validly be applied for onshore.
However, simply leaving Australia should never be assumed to solve the entire immigration problem.
Before departure, consideration should be given to:
- eligibility for the proposed offshore visa;
- previous visa refusals;
- previous visa cancellations;
- visa-condition breaches;
- unlawful stay;
- potential exclusion periods;
- PIC requirements;
- character and integrity issues;
- ability to obtain another visa offshore; and
- consequences of abandoning any current ART or other proceedings.
Departure should therefore form part of a planned immigration strategy rather than being considered in isolation.
13. Previous Refusals and Immigration History
A new visa application may require careful consideration of the reasons for the previous refusal.
We review issues such as:
- Genuine Student concerns;
- genuine temporary stay concerns;
- relationship findings;
- financial capacity;
- employment history;
- qualifications;
- sponsorship;
- character;
- health;
- PIC 4020;
- false or misleading information;
- bogus documents;
- identity discrepancies; and
- previous immigration representations.
Where possible, the weaknesses identified in the previous decision should be addressed before another application is lodged.
14. Building a Section 48 Immigration Strategy
For complex cases, we prepare an immigration chronology covering:
Arrival → substantive visas → visa applications → refusals/cancellations → Bridging visas → ART review → court proceedings → periods of unlawful status → current status → available onshore visas → possible offshore options.
We then assess:
- whether section 48 actually applies;
- whether the client holds a substantive visa;
- the effect of the previous refusal or cancellation;
- which regulation 2.12 visa classes may be available;
- whether the client satisfies the requirements for any of those visas;
- whether Schedule 3 or another statutory restriction applies;
- the client’s Bridging visa position;
- ART or judicial review implications;
- potential offshore options; and
- the client’s longer-term migration objective.
15. How Melton Migration Can Assist
At Melton Migration, we provide comprehensive Section 48 Bar and Regulation 2.12 Visa Strategy Services, including:
- assessing whether section 48 applies;
- reviewing complete Australian immigration history;
- identifying prescribed visa classes under regulation 2.12;
- assessing onshore Partner visa options;
- assessing eligible skilled and regional visa pathways;
- Child and Protection visa considerations where genuinely applicable;
- Schedule 3 assessment;
- Bridging Visa A, B, C and E matters;
- Bridging visa work-rights applications;
- ART review strategy;
- assessing the impact of previous refusals and cancellations;
- identifying other statutory application restrictions;
- reviewing unlawful-status periods and visa-condition breaches;
- assessing potential offshore visa strategies; and
- developing a comprehensive pathway towards a more stable immigration outcome where legally available.
A section 48 bar does not necessarily mean that a person has no further immigration options. However, the available pathway depends on the person’s complete immigration history, current status and ability to satisfy the requirements of a visa class that can validly be applied for.
At Melton Migration, our approach is to examine the whole immigration position rather than looking at section 48 in isolation. This allows us to identify whether an onshore pathway remains available, whether ART proceedings should continue, whether Schedule 3 must be addressed, or whether an alternative offshore strategy should be considered.
Disclaimer: This information is general in nature and does not constitute immigration or legal advice. Section 48 and regulation 2.12 are technical provisions, and the prescribed visa classes can change through legislative amendment. Eligibility to make a visa application does not establish eligibility for grant. Individual circumstances and the legislation in force at the relevant time must be assessed.