Criminal justice visa is class of temporary visas granted under Subdivision D of Division 4 of the Migration Act 1958.
Criminal Justice Entry & Criminal Justice Stay Visa
There are 2 kinds of criminal justice visas, namely a criminal justice entry visa that allows a non-citizen to travel to and enter and remain temporarily in Australia; and a criminal justice stay visa that permits a non-citizen to remain temporarily in Australia.
Criminal Justice Certificates
Before this visa can be issued, either a Commonwealth or State criminal justice stay certificate may be requested by the relevant Police authority having agreed to meet the costs of keeping the non-citizen in Australia stopping the person from being removed or deported in the interest of the administration of criminal justice.
Criteria for the grant of Criminal Justice Visas
If a criminal justice entry visa is requested, there must be a valid criminal justice entry certificate issued.
The criterion for a criminal justice stay visa is either there is a valid criminal justice stay certificate or there is a valid criminal justice stay warrant.
In addition, the Minister must have regard to the safety of individuals and people generally; and if it is for the grant of a criminal justice entry visa, there must be arrangements in place for the non-citizen to enter Australia and they can be removed. Furthermore, the Minister may consider any other relevant matters.
Removal & Deportation
This visa may be granted to a person who is not an Australian citizen accused of a crime to prevent them from deported prior to their criminal matter being finalised.
The Police may request from the Department to grant this visa for their witness (Crown’s witness) in order to secure the continued presence who might otherwise be liable to deportation from Australia before they are being called as a witness.
The Police’s Policy and Specialised Legal Division is often tasked to identify criminal matters where this visa may be necessary.
Conditions of Criminal Justice Visas
If granted this visa, you must not do any work, whether for reward or otherwise, in Australia. This visa does not prevent you from leaving Australia.
If you are in immigration detention and you are granted a criminal justice stay visa, you will be released from that detention.
Cannot apply for another visa
If you are granted this visa, you may not apply for a visa other than a protection visa (click here to learn more).
Refusal does not require to give reasons
You should note that there is no statutory duty for the Minister to produce reasons not to grant you the visa. Unless, the Minister ignored relevant material in a way that affects the exercise of a power. Furthermore, a failure to take relevant considerations into account will only amount to a legal error where the statute in question expressly or impliedly imposes a mandatory requirement that the particular consideration is to be taken into account.
Can I apply for a Criminal Justice Visa?
There is no provision or statutory right for a person to apply for the grant of this visa. Even if the criteria specified in s 157 for the grant of the visa are satisfied, there is no established entitlement for the issue of the visa.
The Minister has absolute discretion whether to grant the visa or not.
If a criminal justice certificate or stay warrant is in force, the Minister may consider the grant of a criminal justice stay visa. The Minister is also required to have regard to ‘the safety of individuals and people generally’ and ‘any other matters the Minister considered relevant’.
In your criminal proceeding and the magistrate had granted you bail, this does not mean the Minister is required to grant you the visa that would entitle you to be released from detention.
If detained in immigration detention centre
If you are granted a criminal justice stay visa and you are in immigration detention, you will be released.
Australian migration law is complex and difficult to understand, contact our immigration lawyer for a consultation (fee applies) to help understand your visa options.
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This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter.
