The fundamentals of a section 48 bar: what you need to know?

A recent case of a South African couple awaiting the outcome of a merits review on their previously denied Protection Visas isn’t as uncommon as you may think. The requirements to be granted a Protection Visa are quite prescriptive and include a ‘risk of harm’ if you’re returned to your country of origin. This is a complex area of immigration law, and often, self-represented applicants find themselves caught up in a whirlwind of legislation that can be overwhelming.

Here, I share my wealth of expertise in this area of migration law, shed light on this specific case and the section 48 bar, and highlight why consulting migration experts is often your best option when navigating Australia’s complex legislation.

So, when does a s48 bar apply?

A section 48 bar comes into effect when:

1. You are in Australia;
2. You do not hold a substantive visa (being a visa other than a bridging visa); and
3. You have had a visa refused or cancelled.

In the scenario I was asked to comment on, a s48 bar may come into effect if their merits review application before the Administrative Review Tribunal (ART) is denied and they don’t hold another substantive visa. As I mentioned in my commentary, this isn’t the end of the road for this couple; if they depart Australia, they can apply for another visa outside Australia, provided they meet the prescribed criteria for that visa class.

Watch Yvette share her insights on this case here.

What are the exceptions to a s48 bar?

Some visa applicants may be able to remain in Australia if they’re eligible for any of the exemptions. These include:

• Applying for a Protection visa.
• Applying for certain Skilled visas, which include subclasses 491, 494, and 190.
• Applying for a Partner visa.
• Applying for a Medical Treatment visa.
• Applying for a Special Category (New Zealand Citizen): subclass 444.
• Applying for a Child visa.

In each of the above options, ‘compelling and compassionate’ circumstances will need to be presented to be considered for a further visa to stay.

What about ministerial intervention? Is it an option?

The Minister for Immigration has powers under the Migration Act 1958 to replace a decision of a merits review tribunal on a person’s case with a decision that’s more favourable to that person if the Minister thinks it’s in the public interest to do so. These types of applications require careful consideration, and it’s recommended to obtain legal advice before submitting such an application. There are very specific guidelines for matters referred to the Minister, including being unique and having exceptional circumstances.

Need assistance navigating Australia’s immigration laws? Talk to our experts today

Navigating Australia’s immigration laws doesn’t have to be overwhelming. With over 30 years of experience, Citation Migration is here to provide you with expert advice, strategic assistance, and tailored solutions for all your migration and citizenship needs. Whether you need migration law advice or access to an experienced migration lawyer or agent, we’ve got your business covered.

Our team of lawyers and agents are equipped to assist you with submissions or applications addressing any of the areas discussed above. Get in touch with our friendly team for a confidential discussion.

About our author

Yvette Gasic is the Head of Migration at Citation Group. Based in Sydney, Yvette is an immigration lawyer with over 20 years of experience and holds a Bachelor of Economics/LLB (Hons) and a Graduate Diploma in Legal Practice Management. She’s worked on all sides of immigration, assisting organisations across several industries, including health, engineering, hospitality, and logistics. Yvette is also listed in Doyle’s Guide-2025 as a Leading Immigration Lawyer (NSW).