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Posted: 2024-07-29 18:33:18

A new visa that was quietly introduced last week is already giving hope to migrant workers who are battling for justice against exploitation, a leading legal advocate says.

If granted, the workplace justice visa (subclass 408) lets a migrant worker without any other legal avenue to stay in Australia, remain in the country for up to 12 months to fight an active workplace claim.

Since it went live on July 24, Human Rights Law Centre's principal lawyer Sanmati Verma has been busy lodging applications for three stressed migrant workers who have come across her desk.

Among those Ms Verma says she has helped is a woman with a long-running sexual harassment claim against her former employer and company.

She had no other avenue to stay in Australia past August and had been preparing to leave the country in defeat.

"She was in selling-the-fridge stage," Ms Verma said.

What do we know about the new visa?

The new visa gives the applicant full working rights and is available for between six and 12 months.

Applicants can re-apply for it if they need to.

The federal government has also brought in a protection against visa cancellation when a worker alleges exploitative or abusive behaviour against their employer.

Both the visa and protections are being trialled for two years.

Migrant worker hopes measure will be good for 'self-respect'

Legal advocates have long despaired that Australia's visa system tethers migrant workers to their employers.

This makes it difficult for them to speak up when they experience exploitation — such as wage theft, sexual harassment or overwork — out of fear that their visas will be revoked and they will be deported from the country.

This was the experience of Indian-born chef Inderjit Kaur, who came to Australia in 2009 with her husband Dalijit on student visas from Punjab.

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