Are you Section 48 Barred?

May 19, 2024 | AUS | 0 comments

What is the Section 48 Bar?

The Section 48 Bar is a provision in Australian immigration law that impacts individuals whose visa has been cancelled or refused whilst holding a bridging visa. This bar prevents you from lodging most new visa applications while you are in Australia, effectively requiring you to leave the country before reapplying for a visa, with limited exceptions.

Impact of the Section 48 Bar

It can negatively affect your future visa applications and eligibility for Australian citizenship. The Section 48 Bar adds an additional layer of complexity for individuals in this situation, as it restricts their ability to remain in Australia while seeking alternative visa options.

Waiver for Skilled Visa Applicants

From 13 November 2021, a Section 48 Bar waiver became available for certain skilled visa applicants. This waiver applies to the following visa subclasses:

  • Skilled Work Regional (Provisional) visa (subclass 491)
  • Skilled Nominated visa (subclass 190)
  • Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)

This change allows Section 48 barred applicants to apply for these visas onshore, providing a pathway for skilled migrants to remain in Australia while seeking permanent residency.

Visa Refusal and Cancellation Appeals

If your visa has been refused or cancelled, you have several options for appeal:

  • Administrative Appeals Tribunal (AAT): You can request a review by the AAT, which may overturn the decision.

However, not all decisions are reviewable by the AAT. For instance, decisions made personally by the Minister for Immigration under section 501 of the Migration Act 1958 are not eligible for AAT review.

Conclusion

Navigating the complexities of the Section 48 Bar and its implications requires careful consideration and professional advice. If you find yourself affected by this provision, understanding your options and the specific regulations in your state or territory is crucial. For advice and to discuss your specific situation, book a consultation with us.