An Introduction to Criminal Justice Visas
What are Criminal Justice Visas?
Criminal Justice Visas (CJVs) are designed for non-citizens involved in criminal proceedings in Australia. These visas allow individuals who have witnessed or been accused of a crime to remain in Australia lawfully while their presence is needed for the justice process.
What are the Types of Criminal Justice Visas?
There are two primary types of CJVs:
Criminal Justice Entry Visa: This visa is for individuals who have left Australia and possess an entry certificate issued by the relevant authority.
Criminal Justice Stay Visa: This visa is for individuals who are still in Australia and have a stay certificate that prevents their removal or deportation.
What are the Requirements to obtain a Criminal Justice Visa?
To qualify for a CJV, the responsible agency (such as the NSW Police, Office of the Director of Public Prosecutions (ODPP), or Office of the Commonwealth Director of Public Prosecutions (CDPP)) must certify that the individual is required in Australia. This certification occurs when the individual's original visa has expired and involves issuing either an entry or stay certificate.
The Department of Home Affairs (DoHA) grants visas based on requests from these agencies. The decision to grant a CJV ultimately rests with the Minister, who considers public safety and the individual's potential for departure from Australia after the legal proceedings.
What if my application for Criminal Justice Visas got Refused?
The Department of Home Affairs (DHA) may refuse CJV applications for various reasons, including public safety concerns. The implications of refusal are significant:
Entry Visa Refusal: The individual cannot return to Australia, and alternative arrangements for giving evidence may be necessary, e.g., giving evidence remotely via video link.
Stay Visa Refusal: The visa applicant’s presence becomes unlawful and will be taken to immigration detention.
How can I be eligible to receive financial support?
To qualify for financial assistance while on a CJV, individuals must:
Submit a statutory declaration detailing their financial situation.
Notify the agency of any changes in their circumstances, including employment status.
Medical Claims
For medical treatment, CJV holders can claim refunds for GP visits and medications with appropriate receipts. Approval is required for specialist treatments and hospitalisations.
When will the Criminal Justice Visas expire?
The CJV is automatically cancelled when the individual is no longer required for the justice process, rendering their presence unlawful. The agency that issued the entry or stay certificate is responsible for booking return travel and facilitating the departure of witnesses. The certificate is cancelled for accused persons upon acquittal, parole release, or completion of the non-parole period.
How Can Agape Henry Crux Help
The complexities of obtaining a CJV and legal support highlight the importance of these visas in maintaining the integrity of the judicial process while balancing public safety and individual rights. At Agape Henry Crux, our Accredited Specialist(s) Immigration Lawyers and our team of immigration lawyers and registered migration agents are specialised in handling highly complex matters. You can book a consultation session to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.