International Journal of Legal Science & Innovation
[ISSN 2581 – 9453]
Procedural Gaps and Promises: A Critical Review of Australia’s Workplace Justice Visa
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Ishrat Jahan
LL.M. (Master of Laws) student at Faculty of Law, University of Rajshahi, Bangladesh
Abstract
Australia's Workplace Justice Visa (Subclass 408), introduced in 2024, was introduced as a commanding tool to support migrant workers experiencing exploitation. While promising in theory, the visa's procedural design reveals serious structural flaws. This article critically examines the visa's reliance on third-party certification, absence of anti-retaliation safeguards, lack of bridging mechanisms which creates vulnerable migrant situations for migrant workers. Drawing on comparative models including the United States's U and T visas and Canada's open work permits for vulnerable workers this article proposes legal and actionable reforms to ensure procedural fairness, migrant workers dignity and access to justice.
Type
Research Paper
Information
International Journal of Legal Science and Innovation, Volume 8, Issue 5, Page 46 - 52
DOI: https://doij.org/10.10000/IJLSI.112712Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLSI 2021