The Section 48 Bar, Explained From the Actual Legislation

What section 48 actually says

Section 48(1) of the Migration Act 1958 applies to a non-citizen in the migration zone who does not hold a substantive visa and who, after last entering Australia, either was refused a visa (other than a refusal of a bridging visa, or a refusal under the character-related sections 501, 501A or 501B) for which they had applied, or held a visa that was cancelled under one of a specific list of cancellation powers — sections 109 (incorrect information), 116 (the general cancellation power), 133A, 133C, 134, 137J, or 137Q. Where either of those applies, the person "may, subject to the regulations, apply for a visa of a class prescribed for the purposes of this section... but not for a visa of any other class." A near-identical rule in subsection 48(1A) extends this to a visa refused on an application made on the person's behalf (relevant for minors and people with certain impairments).

Two details worth being precise about, because they're often glossed over: the bar is about not holding a substantive visa at the relevant time, and about a refusal or specific cancellation happening after your last entry to Australia — not about every refusal or cancellation ever, and not about people who currently hold a substantive visa. If you hold a substantive visa right now, section 48 isn't operating on you, even if you had a refusal years ago; the bar bites when you try to apply for a new visa without a substantive visa in place.

The actual exempt list — regulation 2.12, current as at 1 July 2026

Section 48 itself doesn't list the exempt visas — that's done by regulation 2.12 of the Migration Regulations 1994, titled "Certain non-citizens whose applications refused in Australia (Act, s 48)." As at the current compilation, the prescribed classes are: Partner (Temporary) (Class UK) and Partner (Residence) (Class BS) — the onshore partner visa classes; protection visas; Medical Treatment (Visitor) (Class UB); Territorial Asylum (Residence) (Class BE); Border (Temporary) (Class TA); Special Category (Temporary) (Class TY); Bridging A, B, C, D, E, F and R (Classes WA, WB, WC, WD, WE, WF, WR); Resolution of Status (Class CD); Child (Residence) (Class BT); Retirement (Temporary) (Class TQ); Investor Retirement (Class UY); Skilled—Nominated (Permanent) (Class SN) — subclass 190; Skilled Work Regional (Provisional) (Class PS) — subclass 491; and Skilled Employer Sponsored Regional (Provisional) (Class PE) — subclass 494.

That last three matter a lot, because a lot of older material — including an earlier version of this page — states flatly that skilled visas 190 and 491 are NOT exempt from section 48. That was true once, but it stopped being true on 13 November 2021. The Home Affairs Legislation Amendment (2021 Measures No. 2) Regulations 2021 added those three paragraphs to regulation 2.12 specifically so that people affected by section 48 — many caught by COVID-era travel restrictions at the time — could still apply for these nominated and regional skilled visas onshore. Subclass 189 (Skilled Independent, no nomination) is still NOT on the list and remains blocked by section 48; most employer-sponsored visas (482, 186) and most family and parent visa classes are also not on the list. Always check the current version of regulation 2.12 — it has been amended before and can be amended again.

There is no "section 48 bar waiver" — here's what people actually mean

If you've searched for a "section 48 bar waiver," the direct answer is that no such waiver exists in the Act or Regulations. Section 48 isn't a discretionary bar the Minister can lift on request — it's a straightforward statutory rule: you may only apply for a regulation 2.12 class while it applies to you. The bar ends in exactly two ways: you leave Australia (departure resets your position for a fresh offshore application), or you apply for one of the exempt classes in regulation 2.12 while still onshore.

What people are usually actually asking about is the Schedule 3 waiver, which is a different concept entirely. Schedule 3 to the Migration Regulations sets out extra criteria that certain onshore visa applications — the Partner visa (820) is the most common example — must satisfy when the applicant does not hold a substantive visa at the time of application. Where Schedule 3 applies, the Minister has discretion to waive those specific criteria if satisfied there are compelling reasons for doing so — commonly evidence like Australian-citizen children in the household, or significant hardship to an Australian family member if the applicant has to leave. That discretion is about Schedule 3's own criteria, not about section 48 itself. The two rules frequently apply to the same person at the same time (someone without a substantive visa, applying onshore for Partner, is often dealing with both), which is exactly why they get conflated — but they are legally separate tests, only one of which (Schedule 3) carries a waiver.

Departure: the other way the bar ends

Leaving Australia ends the section 48 bar for future applications — once offshore, you can apply for any visa you're otherwise eligible for, without being limited to the regulation 2.12 list. The caveat that matters most here is lawfulness: if you became an unlawful non-citizen between the refusal or cancellation and your departure, separate re-entry bars can apply (commonly a multi-year exclusion period depending on how you left), on top of anything section 48 did. Voluntary, timely departure while still lawfully in Australia (for example, on a bridging visa that permits departure) avoids that additional complication. For many people whose situation doesn't fit any regulation 2.12 class, a planned lawful departure followed by an offshore application is the realistic path forward, and the timing of that departure is worth getting right rather than improvised.

Working out your actual options

Because the regulation 2.12 list is specific rather than broad, whether section 48 leaves you with a workable onshore option depends heavily on which visa you're now trying for. If you have a genuine partner relationship, the Partner classes are on the exempt list, though a Schedule 3 waiver may separately be needed if you don't hold a substantive visa. If you have the points and a nomination, subclass 190 or 491 remain open onshore since the 2021 change — worth checking carefully if you were told otherwise based on older advice. If your case doesn't fit any of the prescribed classes, an offshore application after lawful departure is generally the path, and getting the sequencing and timing right is where specialist advice earns its keep. For the practical, visa-by-visa breakdown of what you can still apply for onshore, see the companion piece, `/blog/section-48-bar-australia-visa-options`. Migratio is Australia's marketplace for finding and comparing MARA-registered migration agents — matching with an agent who works section 48 and onshore/offshore sequencing cases regularly is worth doing before you lodge anything further, given how unforgiving a wrongly-lodged application under a bar can be.

Does refusing a bridging visa trigger section 48?

No — and this is another point where informal explanations get it backwards. Section 48(1)(b)(i) specifically excludes "a refusal of a bridging visa" from the list of refusals that trigger the bar, alongside refusals under the character provisions (sections 501, 501A and 501B). So if a bridging visa application is refused, that refusal on its own does not put you under a section 48 bar. What does trigger the bar is a refusal of a substantive visa application, or a cancellation under one of the specific sections listed in subsection 48(1) — sections 109, 116, 133A, 133C, 134, 137J or 137Q.

Why the bar exists, and the practical shape it takes

Section 48's purpose is straightforward: once the Department has assessed and refused (or cancelled) a visa, it stops the same person lodging a fresh, unrelated application onshore purely to buy more time or make another attempt at a different visa without leaving. Rather than a blanket ban, Parliament and the Department achieve that through the regulation 2.12 exempt list — a deliberately narrow set of visa classes (Partner, protection, the specified skilled regional and nominated visas, and a handful of others) where there's a policy reason to still allow an onshore application despite the earlier refusal. Everything else defaults to blocked, which is why the practical experience for most people caught by section 48 is that their next application gets rejected outright unless it happens to be one of the exempt classes.

Living on a bridging visa while section 48 applies

Because Bridging visas A through F and R are themselves on the regulation 2.12 exempt list, you can generally apply for a further bridging visa while under a section 48 bar — which is exactly why people caught by the bar often end up cycling through bridging visa status for extended periods rather than being removed immediately. A bridging visa buys time and (depending on which one, and its conditions) sometimes work rights, but it does not itself resolve the underlying problem: you still can't apply for a substantive visa outside the regulation 2.12 list while you remain onshore. Treating a bridging visa as a long-term solution rather than a holding position while you plan either an exempt onshore application or a lawful departure is the most common way people lose time they didn't need to lose.

What does section 48 of the Migration Act actually say?

Section 48 stops a non-citizen in Australia who doesn't hold a substantive visa, and who has (since last entering Australia) had a visa application refused or certain visas cancelled, from applying for any further visa onshore except a class prescribed in regulation 2.12 of the Migration Regulations 1994.

Which visas are exempt from the section 48 bar?

As at the current regulation 2.12 list: Partner (Temporary and Residence), protection visas, Medical Treatment (Visitor), Territorial Asylum, Border (Temporary), Special Category (Temporary), Bridging visas A–F and R, Resolution of Status, Child (Residence), Retirement (Temporary), Investor Retirement, and — since 13 November 2021 — Skilled–Nominated (190), Skilled Work Regional (491), and Skilled Employer Sponsored Regional (494).

Is there a section 48 bar waiver?

No. Section 48 is a straightforward statutory bar with no discretionary waiver — it ends only when you depart Australia or when you apply for a regulation 2.12 exempt class. People usually mean the separate Schedule 3 waiver, which applies within certain onshore applications (Partner visa included) and lets the Minister waive Schedule 3's own criteria for compelling reasons — a different rule from section 48 itself.

Can I still apply for a 190 or 491 skilled visa onshore if I'm barred under section 48?

Yes, as of the current rules. Since 13 November 2021, subclass 190 (Skilled–Nominated), 491 (Skilled Work Regional) and 494 (Skilled Employer Sponsored Regional) are all prescribed exempt classes under regulation 2.12, so section 48 does not block them. Subclass 189, which has no nomination, remains blocked.

How does the section 48 bar end?

Two ways: departing Australia, which resets your position for a fresh offshore application without the regulation 2.12 restriction; or applying, while still onshore, for one of the visa classes regulation 2.12 currently prescribes as exempt.

Can the ART review the section 48 bar itself?

No. Section 48 is a statutory restriction on which applications you can make, not a decision of its own that can be reviewed. The Administrative Review Tribunal can review the underlying visa refusal or cancellation that triggered the bar; if that decision is set aside, the bar no longer applies to you on that basis.