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Changes to the People Trafficking Visa Framework

1 July 2009 Legislation Change

Client summary

From 1 July 2009, the Migration Regulations 1994 ('the Regulations') are amended to:

  • enable all identified suspected victims of human trafficking who are unlawful to access the Bridging F visa (BVF) and extend the validity of the visa from 30 days to 45 days;
  • enable the grant of a second BVF;
  • reduce the Witness Protection (Trafficking) visa process from a two stage to a one stage process by removing the Witness Protection (Trafficking) (Temporary) visa;
  • include offshore immediate family members in the offer of a Witness Protection (Trafficking) (Permanent) visa; and
  • lower the certification threshold for the Attorney-General to issue a Witness Protection (Trafficking) Certificate from a 'significant contribution' to a 'contribution'.

Note: Only identified suspected victims of human trafficking who do not hold a valid visa require a visa under the People Trafficking Visa Framework.

Affected legislation

The following provisions of the Regulations are amended:

Subregulation 1.12AA (2) is omitted
Regulation 2.07AJ is omitted
Subparagraph 2.07AK (3) (b) is omitted
Subparagraph 2.07AK (3) (c) is amended
Subparagraph 2.07AK (3) (c) (i) and (ii) are amended
Subparagraph 2.07AK (3) (h) is amended
Subparagraph 2.07AK (4) (b) is amended
Subparagraph 2.07AK (4) (c) and (d) are omitted
Paragraph 2.07AK (5) is inserted
Paragraph 2.08AB (b) is amended
Paragraph 2.08AB (c) is omitted
Subparagraph 2.08AC (a) (ii) is amended
Subparagraph 2.08AC (a) (iii) is omitted
Sub-subparagraph 2.20 (14) (a) (ii) (E) is amended
Paragraph 2.20B (2) is amended
Subparagraph 2.21B (1) (b) is amended
Schedule 1, item 1224AA is omitted
Schedule 1, paragraph 1306 (3) (c) is amended
Schedule 1, paragraph 1306 (3) (d) is amended
Schedule 2, clause 060.221 is amended
Schedule 2, clause 060.322 is amended
Schedule 2, paragraph 060.411 (3) (a) is amended
Schedule 2, subclause 060.511 (2) is amended
Schedule 2, subparagraph 060.511 (3) (b) (ii) is amended
Schedule 2, subparagraph 060.511 (3) (b) (iii) and (iv) are amended
Schedule 2, Part 787 is omitted
Schedule 2, clause 852.221 is omitted
Schedule 2, clause 852.411 is amended
Schedule 2, division 852.6 is amended

Additional information: These changes reduce the complexity of the People Trafficking Visa Framework and provide for timely outcomes. They enable DIAC and whole-of-government partners to respond to the range of circumstances of trafficking victims and provide for a more balanced approach to combating trafficking while providing protection to victims. 

The People Trafficking Visa Framework and the Support for Victims of People Trafficking Program are no longer linked.  For more information on the program, please see the Office for Women website.

Transitional provisions: These amendments apply to applications for a visa made on or after 1 July 2009.  They also apply to applications for a visa made, but not finally determined, before that date, with the exception of applications for a Witness Protection (Trafficking) (Temporary) (Class UM) visa.

Forms: Form 1239.

Instructions: PAM3 has been amended to reflect these changes.