Apply for an Exempt Visa (The Primary Route)
This is the most direct way to overcome the s48 bar.
You can apply for specific visa types listed in the Migration Regulations as exempt from the s48 bar, even if you are onshore and subject to the bar.
5 June 2025
The Section 48 bar is a provision under the Migration Act 1958 that restricts individuals in Australia from applying for certain visas if their previous visa application has been refused or cancelled while they are in the country, and they do not hold a substantive visa.
This provision is designed to prevent repeated applications that are unlikely to succeed.
This is the most direct way to overcome the s48 bar.
You can apply for specific visa types listed in the Migration Regulations as exempt from the s48 bar, even if you are onshore and subject to the bar.
If you don't qualify for an exempt visa but have compelling, unique, or exceptional circumstances, you can request the Minister for Immigration to personally intervene and grant you a visa.
The s48 bar only applies while you are in Australia. If you depart voluntarily, the s48 bar ceases to apply.
If you are faced with s48 issue, please contact SDC lawyers for a tailored advice.