Section 48 bar: the visas you can still apply for in Australia, including on a BVE
The section 48 bar limits onshore applications to prescribed classes under the Migration Act 1958 after specified refusals or cancellations since last entry, without a substantive visa.
A Bridging visa E is not a substantive visa under section 5 of the Migration Act 1958; check your refusal or cancellation notice.
Section 48 of the Migration Act 1958 excludes bridging visa refusals and refusals under sections 501, 501A and 501B. The cancellation provisions it names are sections 109, 116, 133A, 133C, 134, 137J and 137Q.
Regulation 2.12 of the Migration Regulations 1994 identifies the prescribed visa classes. Inclusion in that list does not establish eligibility under every other application or grant rule.
First, compare the decision provision in your notice, your last-entry history and your current visa with the applicability test and table below.
Who does the section 48 bar apply to?
The section 48 bar applies when these three elements are present under section 48 of the Migration Act 1958.
- Location: You are a non-citizen in Australia’s migration zone.
- Current visa: You do not hold a substantive visa.
- Decision since last entry: You have a qualifying visa refusal or a cancellation under one of the specified provisions.
The location and current-visa elements must accompany a qualifying decision under section 48 of the Migration Act 1958. Refusal and cancellation are alternatives: you do not need to have experienced both.
A substantive visa means a visa other than a bridging, criminal justice or enforcement visa, under section 5 of the Migration Act 1958. A Bridging visa E is therefore not a substantive visa.
The refusal trigger in section 48 of the Migration Act 1958 excludes bridging visa refusals and refusals under sections 501, 501A and 501B. The cancellation trigger covers sections 109, 116, 133A, 133C, 134, 137J and 137Q—not every cancellation provision.
Does visa expiry alone trigger the section 48 bar?
No. Visa expiry alone is not the refusal or cancellation trigger described in section 48 of the Migration Act 1958. A qualifying decision since last entry must also be present.
Does the section 48 bar differ between Australian states?
The section 48 bar is governed by the Commonwealth Migration Act 1958 and regulation 2.12 of the Migration Regulations 1994. There is no separate South Australian, Tasmanian or Western Australian section 48 bar under these provisions.
Which visas can you still apply for?
The visas you can still apply for under the section 48 bar are the prescribed classes in regulation 2.12 of the Migration Regulations 1994. These classes are not excluded by section 48 itself, but other application-validity and eligibility rules still require checking.
Visas still open under the section 48 bar
The table lists all prescribed classes in regulation 2.12 of the Migration Regulations 1994, checked on 3 October 2026. “Typical use” is a plain-English orientation label, not an eligibility assessment. Inclusion does not mean every class accepts new applicants or that every BVE holder qualifies.
| Visa class | Typical use |
|---|---|
| Partner (Temporary) (Class UK) | Onshore partner applications, with separate application and Schedule 3 checks. |
| Partner (Residence) (Class BS) | Partner residence applications. |
| Protection visas | Protection applications, subject to the separate section 48A restriction where applicable. |
| Bridging visas A, B, C, D, E, F and R | Temporary bridging arrangements; each class has its own requirements. |
| Medical Treatment (Visitor) (Class UB) | Medical treatment matters. |
| Child (Residence) (Class BT) | Child residence applications. |
| Skilled—Nominated (Permanent) (Class SN) | Skilled nomination matters. |
| Territorial Asylum (Residence) (Class BE) | Territorial asylum matters. |
| Border (Class TA) | Border visa matters. |
| Special Category (Class TY) | Special Category visa matters. |
| Resolution of Status (Class CD) | Resolution of status matters. |
| Retirement (Class TQ) | Retirement visa matters; inclusion does not establish a pathway for new applicants. |
| Investor Retirement (Class UY) | Investor retirement matters; inclusion does not establish a pathway for new applicants. |
| Skilled Work Regional (Provisional) (Class PS) | Skilled regional applications. |
| Skilled Employer Sponsored Regional (Provisional) (Class PE) | Employer-sponsored regional applications. |
At a glance — Law checked: 3 October 2026.
| Topic | What the law says |
|---|---|
| Law governing the section 48 bar | Migration Act 1958, section 48. |
| Current-visa element | No substantive visa held. |
| Prescribed visa-class list | Migration Regulations 1994, regulation 2.12. |
| Bridging visa refusal | Does not trigger section 48 by itself. |
| Separate protection-application restriction | Section 48A; section 48B is a separate personal Ministerial power. |
Can you apply for a partner visa under the section 48 bar?
Yes. Partner (Temporary) (Class UK) and Partner (Residence) (Class BS) are prescribed classes under regulation 2.12 of the Migration Regulations 1994.
For an onshore 820/801 application, Schedule 3 is a separate check under clause 820.211(2)(d) of Schedule 2 to the Migration Regulations 1994. A previously held no-further-stay condition also requires checking under section 46(1A) of the Migration Act 1958. Prescribed-class status does not waive either barrier.
What do section 48 bar exemptions and waivers mean?
“Section 48 bar exemptions” commonly refers to the prescribed classes in regulation 2.12 of the Migration Regulations 1994. Those classes remain open under section 48 itself; they are not exemptions from all other visa rules.
A personal determination under section 48B of the Migration Act 1958 addresses the separate protection-application restriction in section 48A. It is different from prescribed-class status, a Schedule 3 waiver or a no-further-stay waiver.
Where is the official section 48 bar visa list?
The official prescribed-class list is regulation 2.12 of the Migration Regulations 1994, published on the Federal Register of Legislation.
Does leaving Australia lift the section 48 bar?
Yes, for an application made outside Australia’s migration zone: section 48 of the Migration Act 1958 restricts applications made inside that zone. However, leaving and re-entering on a bridging visa does not reset the relevant history, under section 48(3) of the Migration Act 1958.
For a BVE holder, departure has another consequence. Home Affairs’ Bridging visa E subclass 050 page and section 82(8) of the Migration Act 1958 explain that a BVE ends on departure. You need another substantive visa to return.
An offshore application is not a guaranteed offshore grant or permission to return. The fact that section 48 does not restrict that offshore application does not establish eligibility for the visa.
Section 48A: after a refused protection visa
Section 48A of the Migration Act 1958 is a separate restriction on further protection applications after a protection refusal or cancellation in the migration zone.
A person covered by section 48A cannot make another protection application while in the migration zone unless the Minister personally makes a section 48B determination under the Migration Act 1958. The Minister has no duty to consider exercising that power.
Protection visas appear in the prescribed-class list in regulation 2.12 of the Migration Regulations 1994. That inclusion does not remove the separate section 48A restriction in the Migration Act 1958.
Does a refused bridging visa trigger the section 48 bar?
No. A bridging visa refusal does not trigger the section 48 bar, under section 48(1)(b)(i) of the Migration Act 1958.
You might already be subject to section 48 because of a different qualifying refusal or cancellation since last entry. Under section 48 of the Migration Act 1958, the bridging visa refusal does not remove that existing history.
Is a bridging visa cancellation different?
Yes. Section 48 of the Migration Act 1958 includes cancellations under specified provisions, including section 116. Its express exclusion for bridging visa refusals is not a blanket exemption for bridging visa cancellations. The other section 48 elements must still be present.
The section 48 bar and a Bridging visa E
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Holding a BVE does not remove the bar. A BVE is not a substantive visa under section 5 of the Migration Act 1958. Holding one therefore does not eliminate the “without a substantive visa” element of section 48.
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Class WE is prescribed, but BVE eligibility remains separate. Regulation 2.12 of the Migration Regulations 1994 includes Bridging E (Class WE). For subclass 050, check your application status under clause 050.211 and an applicable situation under clause 050.212 of Schedule 2 to those Regulations.
Under clause 050.211 of the Migration Regulations 1994, a subclass 050 applicant must be unlawful, hold a BVE or hold a subclass 041 visa. Relevant clause 050.212 situations include departure arrangements, a valid onshore substantive application, specified review proceedings or a qualifying first Ministerial request. Being section 48 barred is not, by itself, a BVE grant criterion.
Does a Bridging visa E grant erase an earlier refusal?
No. A BVE grant does not erase a qualifying refusal since last entry for section 48 of the Migration Act 1958. A BVE is not a substantive visa under section 5; its lawful-stay role is explained on Home Affairs’ subclass 050 page.
Your next step from a Bridging visa E
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Check a substantive visa option. To apply for another visa on a Bridging visa E, start with prescribed-class status under regulation 2.12 of the Migration Regulations 1994. That is the first check, not the complete application assessment.
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Separate partner visa barriers. Check the Schedule 3 criteria for a partner visa separately under clause 820.211(2)(d) of the Migration Regulations 1994. A previously held no-further-stay condition also needs checking under section 46(1A) of the Migration Act 1958.
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Match the next step to the decision history. The guide to Visa cancellation in Australia explains the consequences to check. Under the Migration Regulations 1994, a Bridging visa A or B ends when the substantive visa held when it was granted is cancelled; check your present status rather than assuming every bridging visa follows the same rule.
If you are considering a request, read about Ministerial intervention in Australia. The request-based subclass 050 grounds in clauses 050.212(5B) and 050.212(6) of the Migration Regulations 1994 require a first qualifying request—not a general section 48 waiver or automatic lawful status from lodging a request.
For the broader lawful-stay context, see the guide to Bridging visa E in Australia.
Before lodgement, an Australian migration lawyer can check the decision provision, last-entry history and prescribed class under the Migration Act 1958 and Migration Regulations 1994. They can also check separate Schedule 3 and no-further-stay barriers. If a Ministerial request is being considered, the lawyer can check whether an earlier request prevents reliance on the first-request BVE ground.