Australia has introduced a new visa to help temporary migrants who are seeking justice against workplace exploitation. The Temporary Activity visa (subclass 408) allows these workers to stay in Australia for up to 12 months while they pursue their claims.
This visa, introduced last week as a two-year pilot program, aims to provide temporary migrants the necessary time and legal standing to address issues such as underpayment, excessive work hours, threats from employers, bullying, harassment, and coercion to surrender their passports.
Under the subclass 408 visa, temporary migrants can stay in Australia for six months if being present in the country is beneficial to their claim. If being in Australia is necessary for pursuing the exploitation claim and it serves the public interest, they can remain for up to 12 months. Family members of the workers can also be included in the visa application if they are already in Australia.
Eligibility for this visa requires holding a temporary substantive visa with work rights and having no more than 28 days remaining on it. Migrants whose temporary substantive visas with work rights ended within 28 days of lodging the application are also eligible. Additionally, applicants must provide certification of their workplace exploitation claim and explain why it is beneficial or necessary for them to stay in Australia to pursue the claim.
Applicants must be in Australia when lodging their application and need to meet health and character requirements. The new visa initiative was championed by former immigration minister Andrew Giles, who has since been reassigned to the skills and training portfolio.
This move represents a significant step by the Australian government to support temporary migrants and address workplace exploitation issues, ensuring that those affected have the opportunity to seek justice and fair treatment.