# Non-citizen refused a visa or whose visa cancelled may only apply for particular visas

> act-s48 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

48 Non-citizen refused a visa or whose visa cancelled may only apply
          for particular visas
          (1) A non-citizen in the migration zone who:
                (a) does not hold a substantive visa; and
                (b) after last entering Australia:
                      (i) was refused a visa, other than a refusal of a bridging
                          visa or a refusal under section 501, 501A or 501B, for
                          which the non-citizen had applied (whether or not the
                          application has been finally determined); or
                     (ii) held a visa that was cancelled under section 109
                          (incorrect information), 116 (general power to cancel),
                          133A (Minister’s personal powers to cancel visas on
                          section 109 grounds), 133C (Minister’s personal powers
                          to cancel visas on section 116 grounds), 134 (business
                          visas), 137J (student visas) or 137Q (regional sponsored
                          employment visas);
              may, subject to the regulations, apply for a visa of a class
              prescribed for the purposes of this section or have an application
              for such a visa made on his or her behalf, but not for a visa of any
              other class.
        (1A) A non-citizen in the migration zone who:
               (a) does not hold a substantive visa; and
              (b) after last entering Australia, was refused a visa (other than a
                   refusal of a bridging visa or a refusal under section 501,
                   501A or 501B) for which an application had been made on
                   the non-citizen’s behalf, whether or not:
                     (i) the application has been finally determined; or
                    (ii) the non-citizen knew about, or understood the nature of,
                         the application due to any mental impairment; or
                   (iii) the non-citizen knew about, or understood the nature of,
                         the application due to the fact that the non-citizen was,
                         at the time the application was made, a minor;
             may, subject to the regulations, apply for a visa of a class
             prescribed for the purposes of this section or have an application









               for such a visa made on his or her behalf, but not for a visa of any
               other class.
        (1B) If:
               (a) an attempt was made to remove a non-citizen from the
                   migration zone under section 198 but the removal was not
                   completed; and
               (b) the non-citizen is again in the migration zone as a result of
                   travel to Australia that is covered by paragraph 42(2A)(d);
             then, for the purposes of this section (which applies only in respect
             of applications made while a non-citizen is in the migration zone),
             the non-citizen is taken to have been continuously in the migration
             zone despite the attempted removal.
               Note:      Paragraph 42(2A)(d) relates to the travel of a non-citizen to Australia
                          after an attempt to remove the non-citizen has been made under
                          section 198.

          (2) For the purposes of this section (which applies only in respect of
              applications made while a non-citizen is in the migration zone), a
              non-citizen who:
                (a) has been removed from the migration zone under
                    section 198; and
                (b) is again in the migration zone as a result of travel to Australia
                    that is covered by paragraph 42(2A)(da) or (e);
              is taken to have been continuously in the migration zone despite
              the removal referred to in paragraph (a).
               Note:      Paragraphs 42(2A)(da) and (e) relate to the travel of a non-citizen to
                          Australia after the non-citizen has been removed from Australia under
                          section 198.

          (3) For the purposes of this section (which applies only in respect of
              applications made while a non-citizen is in the migration zone), a
              non-citizen who, while holding a bridging visa, leaves and
              re-enters the migration zone is taken to have been continuously in
              the migration zone despite that travel.
          (4) In paragraphs (1)(b) and (1A)(b):










                 (a) a reference to an application for a visa made by or on behalf
                     of a non-citizen includes a reference to an application for a
                     visa that is taken to have been made by the non-citizen by the
                     operation of this Act or a regulation; and
                 (b) a reference to the cancellation of a visa includes a reference
                     to the cancellation of a visa for which an application is taken
                     to have been made by the operation of this Act or a
                     regulation.