Section 48 Bar Australian Migration Lawyers

Daniel Moya

Founder of Moya Migration Law

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Navigating the Section 48 Bar: Our Services

Section 48 Bar Assessment

We assess your situation to determine if the Section 48 bar applies following a visa refusal or cancellation while you are in Australia.

Identifying Visa Exceptions & Pathways

Our lawyers advise on visa subclasses exempt from the Section 48 bar (e.g., partner, protection, skilled visas) for onshore applications.

Offshore Application Strategies

We provide guidance on strategies if the Section 48 bar applies, including lodging new visa applications from outside Australia.

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We encourage a free 15-minute call to discuss your situation & map out a path to navigating your Section 48 Bar.

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What is the Section 48 Bar?

Section 48 of the Migration Act 1958 (Cth) prevents most onshore visa applications if your previous visa was refused or cancelled while in Australia and you then held no substantive visa (e.g., you were on a bridging visa or unlawful).

This bar applies automatically and means further online or paper applications for most visas will be deemed invalid if lodged while you remain in Australia. Understanding if and how this complex provision affects your specific circumstances requires careful assessment.

Options When Facing a Section 48 Bar

While the Section 48 bar restricts most onshore applications, certain visas are exempt, including some partner, protection, and specific skilled visas. Applying for one of these may be possible if you meet all criteria.

Alternatively, the bar generally does not apply to applications made from outside Australia. This may necessitate departing Australia to lodge a new visa application. Identifying the correct exempt visa or offshore strategy is critical and time-sensitive.

Why Choose Moya Migration Law for Section 48 Bar Matters?

The Section 48 bar presents significant challenges for visa applicants in Australia. Moya Migration Law offers expert legal advice to assess your situation, identify potential pathways, and navigate the complexities of this restrictive provision.

Expertise in Section 48 Bar Cases

Our lawyers have a deep understanding of the Section 48 bar, its implications, and all available exceptions or alternative visa strategies.

Client-Focused Pathway Planning

We provide personalised advice, carefully assessing your circumstances to determine the most viable options if you are affected by a Section 48 bar.

Strategic Advice on Exemptions & Offshore Options

We develop clear strategies, whether applying for an exempt visa onshore or preparing a robust offshore application to overcome the Section 48 bar.

In-Depth Migration Act Knowledge

Our thorough knowledge of the Migration Act, including Section 48 and related visa criteria, ensures you receive accurate and effective legal guidance.

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Our 5-Step Process for Navigating the Section 48 Bar

If a visa refusal or cancellation has left you facing the Section 48 bar, a clear strategy is essential. Moya Migration Law guides you through our structured process to assess your options and identify the best pathway forward.

1

Initial Consultation & Section 48 Assessment

We review your visa history, refusal/cancellation details, and current status to determine if and how the Section 48 bar applies to you.

2

Exploring Onshore Visa Exceptions

Our team thoroughly assesses your eligibility for any visa subclasses exempt from the Section 48 bar that can be applied for in Australia.

3

Evaluating Offshore Application Strategies

If onshore options are limited by the bar, we explore viable strategies for lodging a new visa application from outside Australia.

4

Pathway Recommendation & Planning

Based on our assessment, we provide clear advice on the most suitable pathway and plan the steps for your chosen visa application.

5

Application Preparation & Lodgement Support

We provide expert assistance in preparing and lodging your new visa application, whether onshore (if exempt) or offshore, to navigate the Section 48 bar.

Principal Lawyer Daniel Moya

Meet Daniel Moya, Your Section 48 Bar Lawyer

Moya Migration Law is led by Principal Lawyer Daniel Moya, who personally guides clients through complex migration challenges. With over two decades in Australian migration law since 2002, Daniel has extensive experience navigating restrictive provisions like the Section 48 bar.

Daniel is committed to providing clear, strategic advice to help you understand your options when facing a Section 48 bar. He develops practical pathways, whether through visa exceptions or offshore applications. Daniel also offers legal assistance in Spanish.

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Visas Exempt from the Section 48 Bar

While Section 48 restricts most onshore visa applications after a refusal or cancellation, certain visa classes are prescribed as exceptions. This means you may still be eligible to apply for these specific visas from within Australia despite the bar.

Exempt visas include certain Partner visas (e.g., subclass 820/801), Protection visas (subclass 866), Medical Treatment visas, some Child visas, and specific Skilled visas (like subclass 190, 491, and 494). Determining eligibility for these exceptions requires careful assessment of your circumstances against complex criteria.

Onshore Visa Applications Exempt from Section 48 Bar

Despite the restrictions imposed by Section 48 of the Migration Act 1958 (Cth), certain visa classes are prescribed as exceptions. If you are affected by the Section 48 bar after a visa refusal or cancellation, you may still be eligible to make a valid application for one of the following specific visas while remaining in Australia.

Partner visa (Temporary) (Class UK)
Partner visa (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)
Skilled Employer Sponsored Regional (Provisional) (Class PE)

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Frequently Asked Questions about Section 48

What exactly is the Section 48 bar?

The Section 48 bar is a rule in the Migration Act that stops you from applying for most Australian visas from within Australia if your previous visa was refused or cancelled while you were here without a substantive visa (e.g., on a bridging visa or unlawful).

How do I know if the Section 48 bar affects me?

It generally applies if you are in Australia, do not currently hold a substantive visa, and had a visa refused or cancelled since your last entry into Australia (unless it was a cancellation on character grounds like s501).Not all decisions made by the DHA are reviewable by the ART; your decision letter will state if you can appeal the decision to the ART and if you are eligible for a review. For example, certain decisions made personally by the Minister for Immigration may not be reviewed by the ART. It is important to check your letter from the department carefully to understand your review rights.

What happens if I try to apply for a visa while subject to Section 48?

If the Section 48 bar applies to you, most online visa applications will be blocked. Any paper applications for visas affected by the bar will be considered invalid by the Department.

Are all visa applications blocked by Section 48?

No, the Section 48 bar does not apply to every visa. There are specific exceptions, meaning you might still be able to apply for certain visas onshore, such as some partner visas, protection visas, and particular skilled visas.

Does the Section 48 bar apply if I am outside Australia?

The Section 48 bar only restricts applications made while you are in Australia. If you have left Australia, it generally no longer prevents you from making a valid visa application from offshore.

What is a "substantive visa" in relation to Section 48?

A substantive visa is any visa except a bridging visa, a criminal justice visa, or an enforcement visa. The Section 48 bar usually triggers if you don’t hold a substantive visa at the time of refusal/cancellation.

Can the Section 48 bar be waived?

The provided information indicates the Section 48 bar itself generally cannot be “waived.” Navigation involves applying for an exempt visa or applying from offshore.

What if my visa application was deemed "invalid," not "refused"?

If your previous visa application was found to be invalid (e.g., incorrect fee paid, didn’t meet lodgement criteria) rather than formally refused, the Section 48 bar typically does not apply.

The processing time for an ART appeal concerning a visa decision can vary significantly depending on factors such as the type of visa, the intricacy of the case, and the ART’s current workload. The ART publishes average processing times on its website, which can range from several months to over a year or even longer for certain visa categories, including refugee cases. It is advisable to check the ART’s website for the most current information on the ART appeal process timelines.

Why is expert advice important for Section 48 issues?

Determining if the bar applies, identifying exempt visas, or planning an offshore strategy is complex. Expert advice helps navigate these rules carefully to prevent further issues or bans.

Our Services

Administrative Review Tribunal (ART) Appeals ART Visa Appeals

Visa refused or cancelled? Don’t give up hope. Expert representation for your ART review to challenge the decision.

Visa Refusals

If your Partner Visa has been refused, Daniel Moya offers 20+ years of experience in achieving positive outcomes at the Tribunal.

Visa Cancellations

Facing visa hurdles like refusals, cancellations, or PIC 4020 issues? Get expert advice and management for your unique circumstances.

Partner Visas

Begin your journey to permanent residency. Expert support for all Partner Visa applications, navigating the complex system with confidence.

Protection Visas

Seeking asylum or facing persecution? Daniel Moya provides crucial guidance and strategic advice for complex Protection Visa applications.

Family Visa

Reunite with loved ones in Australia. Explore options for Parent, Child, Carer, and other Family Visas with clear, expert advice.

Citizenship

Ready to become an Australian citizen? Navigate the application requirements and process smoothly with experienced legal support.

Notary Public in Adelaide Notary Public

Need documents notarised in Adelaide for international use? We provide prompt, convenient, and reliable Notary Public services.

Court Appeals (Judicial Review) Judicial Review

Unfavourable Tribunal ruling? Challenge appealable errors in the Federal Courts with experienced legal guidance for Judicial Review.