If you are a visa applicant who has been the subject of relevant family violence, you may be able to remain in Australia by virtue of the Special Family Violence provisions within the Migration Regulations 1994 (Cth) (the Regulations).
What is ‘relevant family violence’?
‘Relevant Family Violence’ is defined within the Regulations to mean conduct, whether actual or threatened, that causes the alleged victim to reasonably fear for, or to be reasonably apprehensive about, his or her own wellbeing or safety. There are various types of conduct that may be captured by this definition. Such conduct may include:
- physical injury;
- emotional or psychological abuse;
- forced sexual relations;
- threats to cause physical injury or damage to property;
- threats to force isolation or economic deprivation, including dowry-related abuse;
- stalking; or
Conduct may be towards the alleged victim, a member of the family unit of the alleged victim, or even a member of the family unit of the alleged perpetrator. The family violence must have occurred while the relationship existed.
The Family Violence Provisions
Not every applicant is able to access the Family Violence provisions under the Act. You must have applied for one of the following subclasses:
- Partner visa (subclass 100)
- Partner visa (subclass 820)
- Partner visa (subclass 801)
- Dependent Child (in the Extended Eligibility visa class) (subclass 445)
- Other certain skilled stream (business) visa classes
Documentary Evidence Required
Regulation 1.24 requires an alleged victim to provide documentary evidence to demonstrate the occurrence of family violence. This may be either ‘judicial’ or ‘non-judicial’ evidence.
Judicial evidence may include a finalised Domestic Violence Order, an injunction under the Family Law Act 1975 (Cth), or a finding of guilt recorded against an alleged perpetrator.
Non-judicial evidence may include a joint undertaking signed by relevant parties, or a completed statutory declaration by a victim. If a statutory declaration is relied upon, the victim must also provide third party evidence to support the allegations identified in the statutory declaration. This may include relevant medical, police, and child protection reports, or statutory declarations from a child protection officer, social worker, psychologist, or family consultant.
If you are a visa applicant that may have been the victim of relevant family violence, please contact Pannu Lawyers on 02 9920 1787. Our principal is named as leading Family and Matrimonial Lawyer of the Year by Acquisition International in their 2019 leading Adviser Awards. Pannu Lawyers are conveniently located in Blacktown and extensively practice Family Law, Criminal Law, Commercial Law, Migration Law and Conveyancing.
