The section 48 bar explained

Who does it affect?

The bar is in section 48 of the Migration Act 1958. It applies to a non-citizen in Australia who does not hold a substantive visa and who, since last entering Australia, either:

• was refused a visa (other than a bridging visa, or a refusal under section 501, 501A or 501B), whether or not the application has been finally determined, or
• held a visa that was cancelled under section 109 (incorrect information), 116 (general power to cancel), 133A, 133C, 134 (business visas), 137J (student visas) or 137Q (regional sponsored employment visas).

The same applies if a visa application was made on your behalf and refused, even if you did not know about it or understand it because of a mental impairment or because you were a minor. A substantive visa is any visa except a bridging, criminal justice or enforcement visa, so a bridging visa does not lift the bar.

What can still be lodged onshore?

Regulation 2.12 of the Migration Regulations lists the visa classes a person caught by the bar can still apply for in Australia:

• Partner (Temporary) and Partner (Residence), the 820 and 801 partner visas
• Child (Residence), the 802 visa
• Protection visas and Territorial Asylum (Residence)
• Skilled Nominated (Permanent), the 190
• Skilled Work Regional (Provisional), the 491
• Skilled Employer Sponsored Regional (Provisional), the 494
• Medical Treatment (Visitor)
• Resolution of Status
• Bridging A, B, C, D, E, F and R
• Special Category (Temporary), Border (Temporary), Retirement (Temporary) and Investor Retirement

Any other class, such as a student, visitor, 482, 485 or 189 visa, is blocked while the bar applies. Being allowed to lodge does not mean you will meet the other requirements of the visa, so a partner or skilled application still has to qualify on its own. See partner visa.

How do people avoid it?

• Check whether the bar really applies, since invalid applications and withdrawals are not refusals.
• Hold a substantive visa at the time of any decision.
• Apply for an exempt visa.
• Depart and apply offshore if eligible.
• Appeal. An appeal alone does not lift the bar. It ends only if the decision is overturned and you regain a substantive visa. See ART appeals.