Procedural Gaps and Promises: A Critical Review of Australia’s Workplace Justice Visa

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.