Contact us on this issue. All requests regarding domestic violence/family violence (FV/DV) in Australia are considered in the order of highest priority.
IMPORTANT! From 12th of March 2014, all requests regarding issues of domestic violence/family violence (FV/DV), assessment of individual circumstances and assistance with the confirmation of domestic FV/DV in relation to individuals, their family members and property are carried out only within the Detailed Migration Consultation in accordance with the requirements of Australia's immigration laws. Within the consultation we will review your circumstances and provide guidance of what is possible and necessary to do in your specific situation in order to prove the fact of domestic violence/family violence (FV/DV) to a delegate/decision maker of the Department of Home Affairs (DHA) and therefore to facilitate a pathway to permanent residence. So, that you and your dependents do not have to rely on an abusive partner or remain in an abusive relationship in order to gain permanent residence.
The family violence provisions allow certain people applying for permanent residence in Australia to continue with their application after the breakdown of their married or de facto relationship, if they or a member of their family unit have experienced family violence by their partner.
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 of obtaining Australian permanent residence visas. Accordingly FV/DV involves violent, abusive or intimidating behaviour 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 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:
social worker (who is a member of the Australian Association of Social Workers or is recognised 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 counselling service as an institution.) of a women’s refuge or DV/FV crisis or counselling 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 counselling
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 (DHA) 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 a professional advice. Phone, 1800 737 732.
Contact the Department of Home Affairs (DHA) as soon as practicable to disclose your changed circumstances (including the relationship ceasing, change of address and the existence of DV/FV, children etc).
This page provides a summary information on 1st of February 2018. Australian immigration law is complex and it changes on a regular basis. If you have any additional questions or require further clarification, please, do not hesitate and contact me regarding this matter and, if appropriate, to arrange a mutually convenient time for an appointment.
Viktor Ovcharenko MARN 0964258