Section 48 of the Migration Act prevents a person whose visa has been refused or cancelled while in Australia from making a further valid visa application onshore, with limited exceptions.
Is this your situation?
Your visa was refused or cancelled. You want to apply for a different visa, but you have been told you cannot. You are stuck in Australia without a valid visa or on a bridging visa that is about to expire.
This is one of the most stressful situations in migration law. Your options are limited, but they exist.
How the section 48 bar works
If you applied for a visa while in Australia and it was refused, or if your visa was cancelled, section 48 generally prevents you from applying for another visa onshore. This applies even if you have a genuine reason to apply, such as entering a relationship with an Australian citizen.
Exceptions to section 48
Not all visas are caught by the bar. Protection visas (in some circumstances) and certain bridging visas can still be applied for. The regulations also provide a ministerial intervention pathway (section 48B) where the Minister can personally allow a further application.
What you can do
Apply for a visa that is exempt from the bar. Request ministerial intervention (discretionary and not guaranteed). Depart Australia and apply from offshore. Each option has its own requirements and risks.
How Robbie Toor (MARN 1170356) helps
Robbie advises on the section 48 bar including identifying whether exceptions apply, preparing ministerial intervention requests and advising on alternative pathways.