*Graphic content included in this blog*
Sometimes the unthinkable might happen. You might find yourself in a situation where you are experiencing family violence.
In my work as an immigration lawyer, I have seen this happen more often than I would care to admit. It happens to not only women but men too.
To the man (a jujitsu instructor) that was trained to fight but following an injury, his wife injected him medications that she stole from the hospital and would not let him go to the hospital when he got an infection – he had to escape by calling an ambulance when she left the house. To the woman that was locked in a room and beaten with a microphone stand. To the woman that was raped by her husband and told that was what she had to do now she had a visa.
These are the people that the family violence provisions seek to protect. The people that are in a highly vulnerable situation, which is only heightened by living in a foreign country as the holder or applicant of a visa.
So, how do the family violence provisions work?
Essentially, for the purposes of being granted a Partner Visa you must be able to show that your relationship is genuine and ongoing, at the time of decision. In the case of family violence, you must be able to show that your relationship is genuine and ongoing, but for the fact that family violence has occurred. That is, you continued to be in a relationship until you weren’t anymore, and your relationship ended because of family violence.
Family violence is defined under the Migration Act 1958 as actual or threatened conducts towards the alleged victim or their family, or their property, that causes the alleged victim to reasonably fear for, or to be reasonable apprehensive about, his or her own wellbeing or safety.
Evidence of the family violence will be either judicial or non-judicial. That is, the outcome of a Court hearing or not. Where it is ‘judicial’ (ie. following a Court hearing), evidence will be:
• A Court injunction under the Family Law Act 1975 (Cth)
• Alternative Australian Court orders relating to the parties and the violence that occurred
• A conviction in an Australian Court against the perpetrator of the violence
Where there is no Court matter, the evidence must come from two independent experts, together with the visa applicant. Independent experts in this case include:
• Medical practitioners or Nurses who can detail physical injuries
• A Police Officer that can detail an incident/s of family violence
• A child welfare or protection person that details for the safety of a child due to violence in the household
• Representatives of a women’s refuge or a family/domestic violence crisis centre that can attest to the family violence occurring, together with presenting the evidence that they used to form the opinion that family violence had occurred
• A social worker that can provide an opinion about the occurrence of family violence
• A family relationship counsellor or consultant appointed under the Family Law Act 1975 that has provided counselling or treatment for family violence
• A school counsellor or school principal that has been made of or observes family violence
Two of these people would need to complete a Form 1410 and provide any supporting documents that contribute to their evidence. As an individual, you would also need to complete a Form 1410. This form essentially outlines the circumstances of the family violence together with any harm that has come to you.
The Family Violence provisions apply to the Partner (subclass 100/820/801), Dependent Child (subclass 445) visa and Distinguished Talent (subclass 858) visas.
If you need assistance with family violence, there are many services available throughout Australia:
• https://www.familyrelationships.gov.au/dealing-violence/family-domestic-violence-support
• https://www.lifeline.org.au/get-help/information-and-support/domestic-and-family-violence/
• https://www.whiteribbon.org.au/Find-Help/Help-Lines
• https://zigzag.org.au/
• https://babi.org.au/
• https://brisyouth.org/
Please note that we are not affiliated or aligned with any of these organisations. These links are provided as general advice only.
If you need advice about the family violence provisions, please reach out to us at hello@passagemigration.consulting
Stay safe, you are not alone and there is a way out.
Rachael is our Legal Practice Director, Youtube Host and Creator of Passage Migration Consulting.
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