Family Violence and partner visas

When DV/ FV provisions are applied?

Domestic violence/family violence-related visas include domestic violence/family violence (FV/DV) provisions, which give victims of family violence a pathway to a permanent residence. Thus as a victim of domestic violence, you do not have to live with an abusive partner in order to stay in Australia if:

• you have temporary partner visa as a spouse or de facto partner, including a same-sex partner of an Australian sponsor or married in order to meet requirements of a prospective marriage visa;

• you or your dependents experienced domestic violence/family violence (FV/DV) during the relationship;

• relationship with my visa sponsor (husband or partner) has ended.

Domestic violence/family violence (FV/DV) provisions provide mechanisms for obtaining Australian permanent residence visas. Accordingly, FV/DV involves violent, abusive, or intimidating behavior carried out by a partner, carer, friend or family member, boyfriend or girlfriend, to control, dominate, humiliate, or instill fear.

What to do in case of FV/DV and how to prove that DV/FV had a place?

Under the Migration Regulations 1994, DV/FV is ‘deemed’ or taken to have occurred, i.e., an alleged victim is taken to have suffered DV/FV, and an alleged perpetrator is taken to have committed DV/FV if:

• there is judicial evidence that DV/FV has occurred, i.e. the alleged victim has applied for and obtained a court injunction, under paragraph 114(1)(a), (b), (c) of the Family Law Act 1975 (Cth) against the alleged perpetrator; or

• a court has made an order under a law of a State or Territory against the alleged perpetrator for the protection of the alleged victim from violence and that order was made after the court had given the alleged perpetrator an opportunity to be heard, or otherwise to make submissions to the court, in relation to the matter; or

• a court has convicted the alleged perpetrator of, or has recorded a finding of guilt against the alleged perpetrator in respect of, an offense of violence against the alleged victim; or

• the Minister or delegate as his representative is satisfied that the non-judicial evidence proves that ‘relevant DV/FV’ has occurred; or

• the Minister or delegate as his representative must accept as correct the opinion of a prescribed competent person attesting that the alleged victim has suffered ‘relevant DV/FV’ alone with a statutory declaration from the visa applicant

Who is a ‘prescribed competent person’?

A ‘prescribed competent person’ must be from one or more of the following professions/categories:

• doctor;

• registered psychologist;

• registered nurse;

• social worker (who is a member of the Australian Association of Social Workers or is recognized as being eligible to be a member);

• ‘family consultant’ under the Family Law Act 1975;

• child protection worker (for violence against children); or

• manager or co-ordinator (must hold a management position in respect of the

general operations or direction of the women’s refuge or the crisis and counseling service as an institution.) of a women’s refuge or DV/FV crisis or counseling service.

• A competent person may also be a worker within one of these types of services provided:

• • the worker has decision making responsibilities for the refuge/ crisis or counseling

  • service; and

  • that service has a ‘collective decision-making structure’; and

  • the worker’s position has responsibility for matters concerning DV/FV violence within that service.

What is a ‘Statutory declaration’?

Statutory declaration is a written statement which a person swears, affirms or declares to be true in the presence of an authorised witness — usually a JP, a lawyer or a notary public.

There is no legally prescribed form to use, other than an Australian Commonwealth statutory declaration, it is recommended that statutory declarations in DV/FV cases are made using the Department of Home Affairs (DoHA) Form-1410 Statutory declaration for family violence claim. This form contains useful instructions intended to ensure that all relevant considerations are addressed completely by the maker of the statutory declaration.

Where to get help?

The contact details below are intended to identify the most critical services for DV/FV situations with immigration implications.

At all times, safety is paramount. If you or your family members are in serious danger, call Police, phone: 000

If you do not speak English well and need Language Assistance, call the Translating and Interpreting Service, phone: 13 14 50 and ask them to contact the relevant service for you.

Domestic Violence line will be able to put you in contact with the most appropriate refuge for your situation which has a vacancy or outreach workers that will give you advice and support. Phone, 1800 656 463.

24/7 National Sexual Assault, Domestic and Family Violence Counseling Service 1800RESPECT.org.au will provide you with professional advice. Phone, 1800 737 732.

Contact the Department of Home Affairs (DoHA) as soon as practicable to disclose your changed circumstances (including the relationship ceasing, change of address and the existence of DV/FV, children etc).