Migrant Exploitation and Visas

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Migrant Exploitation and Visas

We continue to experience high demand for pro bono employment assistance to workers experiencing vulnerability and disadvantage. In the last year, we saw an increase in referrals from our pro bono partners to provide advice and representation to migrant workers experiencing underpayment and other exploitation in the workplace.

Through our assistance in these cases, we saw how unscrupulous employers count on migrant workers not pursuing their claims out of fear their visa will be cancelled. Recognising that barrier, in the 2025 financial year we established a pro bono partnership with community legal centre, Redfern Legal Centre, to help consider eligibility of migrant workers for a Workplace Justice Visa, a temporary visa that allows the holder to stay in Australia to take legal action if they have experienced workplace exploitation.

Through our general pro bono employment work, we also saw the challenges that workers who have succeeded in their claims have in enforcing their judgments against their former employers and the limited avenues of pro bono assistance available to support them to take such action. As a result, we have identified this as a new focus area for our pro bono casework practice.

Wotton Kearney acknowledges the traditional custodians of the lands on which we work, and pay our respects to Elders past and present.

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