If you have had a visa cancelled or refused since last arriving in Australia and you are either unlawful (that is – you do not hold a visa) or you hold a bridging visa you are then in what is called ‘section 48 bar’.
If you are ‘section 48 barred’ you are prevented from lodging most other visa applications while you are in Australia (there are some very limited exceptions). This means that you would normally need to leave Australia.
Becoming unlawful in Australia or overstaying your visa can negatively affect future visa applications and eligibility for citizenship.
State and Territory Nominated Visas – S48 barred applicants onshore
New South Wales
NSW will re-nominate applicants affected by section 48 bars once they are again able to travel overseas. This will provide a further 60 days to submit the visa application to the Department of Home Affairs.
Until the COVID pandemic travel restrictions have been resolved, please do not nominate new applicants who are s48 barred.
Queensland
As applicants subject to a section 48 bar are unable to lodge a state nominated visa onshore, BSMQ is unable to nominate section 48 barred applicants for Subclass 491 visas and requests that these applications be withdrawn.
Nomination applications may be lodged again once the travel restrictions are lifted, if the applicant meets the criteria at that time.
Tasmania
As of 2 April 2020, all applications on hand and lodged thereafter by candidates who hold a Bridging Visa associated with Administrative Appeal Tribunal (AAT) or Federal Court review will continue to be assessed as normal.
Unsuccessful applicants will be advised of the outcome and should not reapply until travel restrictions are lifted. All other applications will be placed on hold in our system and when travel restrictions are lifted we will contact applicants to obtain an update of circumstances (such as current residential location and employment details if applicable) to then finalise their application accordingly.
