Most people understand human trafficking as something that happens on the way into a country. What fewer people know is that forcing or deceiving someone into leaving Australia is also a serious criminal offence, one that Australian courts are now actively prosecuting.
Exit trafficking is becoming more visible, particularly in cases involving migrant women on partner visas. Recent reporting by ABC News and a media release from the Australian Federal Police following Victoria’s first exit trafficking conviction have brought the issue into focus. This post explains what exit trafficking is, how it tends to operate, and, critically, what legal protections remain available to you even if a sponsor has withdrawn their support.
You can also watch Chioma Amaechi, Principal at CA Legal & Migration, explain the issue in detail: Watch the video here.
What exit trafficking is
Exit trafficking occurs when a person is forced, deceived, threatened, or manipulated into leaving Australia against their will. It is a Commonwealth criminal offence under the Criminal Code Act 1995 (Cth), carrying a maximum penalty of 12 years imprisonment.
Australia recorded its first exit trafficking conviction in 2021. A second conviction followed in 2024, when a Victorian man was sentenced to imprisonment after deceiving his wife into travelling overseas with him under the pretence of a holiday. He returned to Australia without her, brought their children back with him, withdrew his sponsorship of her partner visa, and her visa was subsequently cancelled. The court found this conduct amounted to exit trafficking.
The sentence sent a clear message: using migration law as a tool to strand, isolate, or coerce a partner is not a private matter. It is a crime.
How it operates in practice
Exit trafficking does not always look like a dramatic abduction. In many cases, it builds patterns of control that have been present throughout a relationship. The visa system, which gives a sponsoring partner formal power over the migration pathway, can become part of that control.
Common situations Chioma sees in practice include cases where a partner visa applicant is pressured to travel “home” for a visit, then abandoned overseas while the sponsor withdraws support in Australia. They may also include cases where threats of visa cancellation are used to discourage a person from reporting family violence, or where a person’s passport is confiscated to limit their ability to move freely or seek help.
Exit trafficking can affect people even after they have obtained a visa or, in some cases, citizenship, particularly where the relationship involves strong ties to a home country and one partner still controls the other’s finances, travel documents, or access to support networks.
Warning signs
The warning signs are often present before any travel takes place. These include:
Threats about visa cancellation or deportation, particularly in the context of arguments or relationship breakdown
Confiscation of your passport or travel documents
Unexpected pressure to travel overseas, especially without clear plans for both parties to return
Financial control that limits your ability to access money independently
Isolation from friends, family, or support services
One thing to understand clearly: no individual, not a sponsor, not a partner, not a family member, can cancel your visa. That power sits exclusively with the Department of Home Affairs. If someone is threatening you with visa cancellation, that threat may itself be part of a pattern of coercive control.
It is also important to ensure that the Department of Home Affairs holds your own contact details on file, not just those of your sponsor. If you are unsure whether they do, this is something to address with a migration lawyer.
What rights remain available to you
This is the point that matters most, and where misinformation causes the most harm.
Many victim-survivors believe that if a sponsor withdraws support, they lose all rights to remain in Australia. In many situations, that is not accurate. Australia has specific legal protections for people on temporary visas who have experienced family violence. These protections may allow a person to continue their visa application or remain in Australia independently of a sponsor, depending on the circumstances.
Seeking legal advice early, before travelling overseas if you have any concern, and as soon as possible if you are already in a difficult situation, is the most important step you can take.
If you or someone you know is experiencing migration-related abuse, or if you are uncertain about your visa rights following a relationship breakdown, contact CA Legal & Migration for a confidential conversation. Schedule a free 15-minute appointment here.
The content of this blog is provided for general information purposes only and does not constitute legal advice. Please seek legal advice regarding your particular circumstances.
