Criminal justice visas

 


If you witnessed or were accused of a crime while in Australia on a temporary visa and your presence here is needed for the justice process, a special visa is available so you can lawfully return or remain.

It is called a criminal justice visa (CJV) and is also granted on a temporary basis.

For NSW criminal matters, either NSW Police or the ODPP has to certify that you are required in Australia before a CJV can be approved.

They will do this when your original visa has expired, by issuing:

  • an entry certificate, if you have already left Australia or
  • a stay certificate, which prevents your removal or deportation, if you are still in the country.

These certificates do not make your presence in Australia lawful – that is why a CJV is required.

The Department of Home Affairs (DHA) grants CJVs, on request from an appropriate agency. NSW Police / the ODPP will request a criminal justice entry visa if you have left Australia and have an entry certificate, or a criminal justice stay visa, if you are still here and have a stay certificate.