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The CJSV is a visa granted to people who are required to remain in Australia to assist in the administration of criminal justice. A law enforcement agency, government authority or another party such as a law firm, can seek to facilitate the continued presence of a non-citizen in Australia by requesting the issue of a criminal justice stay certificate which is a pre-requisite for a CJSV. The Federal or State Attorney-GeneraI, State Director of Public Prosecutions or the Federal Police may issue a criminal justice stay certificate.
The visa package consists of 4 stages:
Unlawful non-citizens who have been identified by a law enforcement agency as persons of interest in relation to a trafficking matter will be eligible for a bridging visa F - visa subclass 060 (BVF), which has a 30-day period of validity. The purpose of this visa is to give the agency sufficient time to decide whether to seek the grant of a CJSV, so the person can remain in Australia to provide further assistance with an investigation.
If the law enforcement authority determines that the non-citizen's continued presence in Australia is necessary to assist in the prosecution or investigation of the relevant offenders, they will arrange for a criminal justice stay certificate to be issued for that person which will then lead to DIAC granting a CJSV.
If a BVF holder is identified as an alleged victim of sexual servitude offences, they will have access to intensive victim support to be administered by a case manager provided by the Office of the Status of Women (OSW).
During the period the person is on a BVF, that person will not be eligible for any social security payments.
The CJSV may be granted to any unlawful non-citizen who is already on a visa subclass 060 (BVF) where a law enforcement agency has certified that a person is required in Australia for the purposes of the administration of criminal justice.
In the context of the new trafficking visa regime, a CJSV would be granted to persons in relation to the investigation of an alleged trafficking offence, or who are needed to testify if the matter proceeds to trial.
The criminal justice stay certificate would be used to identify which CJSV holders are alleged victims of people trafficking, sexual servitude offences and deceptive recruitment. This subset of CJSV holders will continue to have access to an enhanced support package via a case manager (although the support provided will be less intensive than during the bridging visa stage).
Work and study rights will be attached to this visa.
The same benefits similar to those available to TPV holders will be available to those who move from a BVF to a CJSV.
If a CJSV holder, meets the criteria for a witness protection (trafficking) (temporary) visa - subclass 787, they may be offered the chance to apply for THIS visa if they meet the following key criteria and other additional criteria listed in the Migration Regulations:
If the CJSV holder meets the relevant criteria and accepts the offer from DIAC to apply, the person may be issued with a witness protection (trafficking) (temporary) visa - subclass 787 for a period of 3 years.
The witness protection (trafficking) (temporary) visa - subclass 787 is subject to health and character checks, although there will be a provision to waive these requirements.
Visa may be granted if the person has held the corresponding temporary visa for at least 2 years and if, in the opinion of the Minister for Immigration and Citizenship, they would still be at significant risk were they to return to their own country.
The witness protection (trafficking) (permanent) visa - subclass 852 is subject to health and character checks, although there will be a provision to waive these requirements.
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Last reviewed: 20 September 2010
