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The People Trafficking Visa Framework (PTVF) forms a part of the whole-of-government strategy to combat people trafficking, and consists of 3 visa subclasses:
Unlawful non-citizens who have been assessed by the Australian Federal Police (AFP) (or other law enforcement agency) as suspected victims of trafficking may be eligible for a Bridging visa F subclass 060. This visa has a maximum period of validity of 45 days. The purpose of this visa is to allow the visa holder sufficient time to rest and recuperate while receiving intensive support through the Support for Trafficked People Program (STP), which is administered by FaHCSIA. To receive this support, the visa holder must be referred to the STP case management service provider by the AFP.
During the period the person is on a Bridging visa F, that person will not be eligible for any social security payments.
At the conclusion of the 45-day period on the Bridging visa F, the AFP will determine whether the non-citizen's continued presence in Australia is required to assist in the investigation and possible prosecution of trafficking related offences. If the non-citizen is willing to remain in Australia to assist the AFP, the AFP will arrange for a Criminal Justice Stay Certificate (CJSC) to be issued by the Attorney General's Department to the person. The CJSC is a pre-requisite for the grant of a CJSV by DIAC.
DIAC can grant a CJSV to any unlawful non-citizen who has been certified by the AFP (or other law enforcement agency) as being required to remain in Australia for the purposes of the administration of criminal justice, and where a CJSC is in force.
In the context of the PTVF, a CJSV is granted to victims and/or witnesses of people trafficking related offences assisting the AFP in the criminal justice process.
The CJSC can be used to identify which CJSV holders are alleged victims of people trafficking. This subset of CJSV holders will continue to have access to the STP case management service (although the support provided will be less intensive than during the bridging visa stage).
No restrictions on work or study are attached to this visa.
Holders of a CJSV MAY be eligible for SpB and a LIC even though they are not Australian permanent residents. CJSV holders are exempt from the SpB NARWP. They MAY also be eligible for CrP if qualified for SpB.
This visa may be granted to eligible victims or witnesses of trafficking who have contributed to an investigation or prosecution of a people trafficking related offence, and as a result would be in danger if they returned to their home country.
The Witness Protection (Trafficking) (Permanent) visa - subclass 852 is subject to health and character checks.
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Last reviewed: 20 September 2012
