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Domestic / Family Violence and Australian Immigration Law
Old 22nd August 2011, 04:05 PM   #1
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Default Domestic / Family Violence and Australian Immigration Law

What are the DV/FV provisions in Australian Immigration Law?
Found in Division 1.5 (regs 1.21 -1.27) of the Migration Regulations, the DV/ FV provisions are essentially deeming provisions which determine whether, under Australian immigration law, DV/FV is taken to have occurred.

If it has and the visa applied for, or held, is one where the DV/FV provisions apply, the visa applicant/ holder may be able to obtain permanent residency, even if the relationship on which visa grant is ordinarily based, has ceased.

The DV/FV provisions are intended to facilitate a pathway to permanent residence for victims of FV/DV who are also applicants for prescribed visas so that they do not have to rely on an abusive partner or remain in an abusive relationship in order to gain permanent residence.

A finding that DV/FV has occurred under the Migration Regulations does not result in nor necessarily require a criminal finding or conviction against the alleged perpetrator.

Where to get help if you are a victim of domestic or family violence
Victims of DV/FV who are not permanent residents should contact the Department as soon as practicable to disclose their changed circumstances (including the relationship ceasing, change of address and the existence of DV/FV, children etc).

The next step is to seek immigration advice and general legal advice. At all times, safety is paramount.

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

Free immigration law assistance on DV/FV
For legal services around the country, contact the National Association of Community Legal Centres on (02) 9264 9595, or your nearest Legal Aid Commission.
Safety / refuges /language assistance
Emergency Services - Police, Ambulance, Fire
Phone: 000

Shelter and Refuge
Phone the Domestic Violence line on 1800 656 463. They 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.

Language Assistance
Translating and Interpreting Services
Phone: 13 14 50

If you do not speak English well and you wish to talk with a counsellor, call the Translating and Interpreting Service and ask them to contact the relevant service for you.

Further Information:

Download the excellent publication produced by the Immigration Advice & Rights Centre (IARC) in NSW.

Entitled "Domestic/Family Violence and Australian Immigration Law: A Guide to the Law" this is a plain English guide to how the domestic/ family violence provisions operate under Australian immigration law. The booklet provides comprehensive guidance to victims of domestic/family violence, social workers, community workers and others.

Thanks to funding provided by the Office for Women’s Policy, NSW Department of the Premier and Cabinet, this publication is available in several community languages, including English, Russian, Arabic, Serbian, Bosnian, Spanish, Chinese, Tagalog, Croatian, Tamil, Farsi, Thai, French, Turkish, Hindi, Urdu, Indonesian, Vietnamese and Korean.

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Old 21st December 2015, 02:02 PM   #2
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I've come in spouse visa and in temporary visa right now, being tortured, abused, everyday by my husband. I cant go back to my country that's why tolerating so much. Is there really any solution?
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Old 21st December 2015, 06:50 PM   #3
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Quote:
Originally Posted by Opshora View Post
I've come in spouse visa and in temporary visa right now, being tortured, abused, everyday by my husband. I cant go back to my country that's why tolerating so much. Is there really any solution?
Yes, there is, but you need to get professional help fast. In the first instance contact the nearest domestic violence centre and they will help you.

http://www.dvrcv.org.au/support-serv...ional-services
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Domestic violence
Old 24th March 2016, 12:52 AM   #4
regine
 
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Default Domestic violence

Hi i sponsored my husband to come here in australia on prospective marriage visa (subclass300) after we got married feb2015) we applied for his temporary visa subclass 820 last 2015 april and until now my husband is still waiting for his temporary visa to be granted. My problem is i wanted to withdraw my sponsorship. After 5 months of staying here in australia my husband found a job and straight away without me knowing he opened his own bank account we had a argument about it because he wanted to closed our joint account .he only give me money whenever he wants , but i tried to understand him because i can feel that he wants to have his own freedom the other thing is i earned better money than him so i allowed him to have his own bank account and i allow him to just give me money whenever it suits him .but later on i have discovered that my husband has a very bad temper he physically hurt and emotionally hurt me many times we have an argument. I was thinking to withdraw my sponsorship because i have noticed that he can be violent person but because i want our marriage to work out i kept forgiving him and gave him a chance to work things out .there some circumtances that he grabbed my jaws and squeeze it and try to choke me because of argument all of these has been witnessed by my own family who live with us , he insulted me many time etc. . I felt that i was pressured by him to get pregnant . He wanted to have baby soon as possible i got pregnant after 5 months of marriage , i thought things will get better because we are having a baby but it didn't change . He still hit me even i was pregnant . My mum and my 2 kids from my previous marriage witnessed it . I feel bad for myself and for my other kids because now my kids are traumatised with his bad temper.my husband yells us at all time and sometimes i saw my kids crying . Now we have 6 weeks old baby and i wanted to cancel my sponsorship. I am a church person . I believed in forgiveness .i consulted our pastor to help me to fix our marriagee but seems it getting worst .my husband hit me infront of my kids and my mum. He never supported our own baby , sometimes he doesn't come back home from work. And he only sleep in the lounge room .i think he is only waiting for his visa (subclass820) .my concerned is is it possible for him to be granted a permanent residency .even i cancel my sponsorship due to domestic violence.
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Old 24th March 2016, 11:52 AM   #5
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For any domestic violence issues you should contact the police. In regards to your partner's options for RR, see here: http://forum.migrationhelp.com.au/showthread.php?t=2014
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Divorce DV / FV Partner Migration Subclass 309/100 Visa and Permanent Residency
Old 29th May 2016, 09:30 PM   #6
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Default Divorce DV / FV Partner Migration Subclass 309/100 Visa and Permanent Residency

Hello,
I hope you (or someone here) might know the answer to a nagging question...
My Filipino wife was granted her Partner Migration Visa subclass 309/100 (provisional) in 2013 along with her 3 children and MY child (BORN in PHILIPPINES 2010 who is already an Oz citizen. (I applied for Australian citizenship by descent a few months after she was born, so she could come with her mother, who still only held a tourism visa at the time they travelled, in 2011).
The VIA Centre in Cebu advised us to do that as it would be easier and quicker than applying for a Philippines Passport. Her Citizenship, then Australian Passport was indeed issued after only a few weeks.
It's just a pity that her mother didn't apply for our daughter's PHILIPPINES Passport upon her return because our daughter became an over-stayer after her 30 day pass (stamp in her Oz Passport) expired! Thus when my estranged wife's sc 309/100 provisional visa was granted and she applied to leave the Philippines by the deadline of Jan 28 2014: the Philippines authorities discovered that she was an OVERSTAYER! This is probably irrelevant to what I want to know, however, it did cause more conflict contributing to the inevitable failure of our marriage - I had to find MORE MONEY (already strapped for cash), to pay the exorbitant fine (almost AU$3000.00), so our then 4 yr old daughter wouldn't be locked up in an immigration detention facility...

Anyway. Moving on.
The problem I have now is that although I am now divorced, I am not sure if I can sponsor another partner...

My estranged wife and OUR daughter along with her 3 children (all Phil. Citizens / passport holders), who were included on her visa application, have now, all been granted Permanent Residency...

The main reason our marriage failed and I initiated divorce was because I felt that she used me to gain entry into Oz (or to quote my lawyer's words: "used me as a vessel to enter Australia")...
I immediately reported my change in circumstances to the dept. So did my ex-wife, a few weeks later, but when she found out that I'd not only informed them that I'd withdrawn my sponsorship, but had also informed them that I believed I'd been used (FAKE marriage), she was not too pleased as she knew that she would probably be sent home. (My lawyer advised me to do that because it would save a lot of money - It already cost me a small fortune in facilitating their expeditious travel to Australia before the Jan 2014 deadline).
Unfortunately, it seems that I did not have sufficient evidence to prove the marriage was in fact a sham, because she is still residing as a PR in the same town and currently receiving sole parent's pension (or similar) from Centrelink. She is not working as far as I know - but I don't have ANY communication with her or ANY of the children, so I don't really know much...
Needless to say, I am still obligated to pay and I'm indeed, making child support contributions to our daughter.

Also, as far as I know: she was granted permanent residence on the grounds of having a child to me - her Australian spouse.
However, I DON'T KNOW that for sure. My solicitor and I can only assume that she was allowed to stay on that basis...

There are of course 'other reasons' that a migrant, whose sponsor has withdrawn his/her sponsorship can still be granted permanent residency, such as Family Violence.
Although no family violence was ever involved, other than one instance where I yelled one night in anger: "just get out of my house",
I am worried now that under current over-the-top, inflated feminist based law, almost anything can be classified as 'violence against women' if a woman so accuses a man... Even 'staring in a 'menacing or aggressive' way may well constitute 'VAW' these days...

So, I am concerned that she may have exploited this law as I've heard that women don't even need PROOF of an accusation of violence? All they need to do is simply go to the police, tell them whatever pack of lies they want and they are guaranteed to be BELIEVED.

So, my question is: IF she did try to use (exploit) the Family violence clause in the legislation, that is: FALSELY accused me of committing violence against her (or the kids), would I necessarily have to be informed of such allegations?
I mean for all I know, she could have accused me of 'something' and they believed her story (then granted her PR visa).
Is it possible they could have done this and not even told me??
Then (and this is what I am really worried about), next time I apply to sponsor another partner, her application for a PMV is refused because I sponsored a partner that I withdrew and she was granted PR on Family Violence grounds?

I apologize for such a long story leading up to this question, but thought I should provide as much detail as possible.
I asked my solicitor the same question, but he didn't know either.
His advice was to try and find out via the Freedom of Information Act, which I have looked into and it is not a simple, nor inexpensive process...
Hence this post...

I hope someone can tell me something - I have searched through many posts here, but cannot find a story quite the same as this...
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Old 29th May 2016, 09:51 PM   #7
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Freedom of Information requests are free, but under privacy laws you would not receive any information about a "third party", like your ex wife, but only about yourself.

Since there was a child of the relationship, that would be the most likely reason your ex wife was granted PR. It is actually not that simple to get PR on family violence grounds, especially on non- judicial grounds. If she had reported any incident of domestic violence to the police, you'd think you would have been questioned about it.

There will be greater scrutiny applied to sponsors with criminal backgrounds. I don't know if that includes situations where an ex-partner has been granted PR on family violence grounds, but where no charges have been laid against the sponsor.
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Old 29th May 2016, 10:09 PM   #8
t0n
 
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Hi Nick,
Thank you for your very prompt response... I agree with what you've just said, I too think it highly unlikely that I would not at least be approached by someone, (to be charged with some criminal offence), but I've been worried mainly because of how ridiculous these DV / VAW laws are rapidly becoming and they're still not satisfied - feminists are still campaigning for even tougher misandrist and unfair laws, with even harsher penalties. I therefore thought it might even be possible that I'm registered as a 'violent thug' at least by DFAT (thus also possible I might not have to be informed of such a 'black mark' against my good name)...

That's quite a relief - thanks again.

Kind Regards,
t0n
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Old 30th May 2016, 07:41 AM   #9
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Minister Dutton has outlined changes to sponsorship for Family Visas in his Second Reading Speech for the Migration Amendment (Family Violence and Other Measures) Bill 2016, in Federal Parliament this week.

The Government believes that under current settings there is little focus on the character of the sponsor or the responsibility that attaches to the sponsorship. Family sponsorship undertakings are “unenforceable” because there are no consequences for non-compliance.

The Government’s concerns are that:

 Some sponsors are vulnerable to being targeted by visa applicants who are motivated solely on a permanent visa outcome;

 Australians with a violent history are able to sponsor without disclosing details of their past;

The proposed amendments would address these issues by extending the sponsorship framework that currently applies to the temporary work sponsored visa program to the family sponsored visa program as well. This would meant that there would be:

 A sponsorship assessment separate from the visa application
 Statutory obligations on sponsors;
 Civil penalties and administrative sanctions for breaches of sponsorship;
 Information sharing between parties identified in the sponsorship application
 An improvement in the management of family violence where it occurs in the family visa program.
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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances. Migration advice can only be provided after a contract has been entered into and the required fee has been paid.
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refuse of 820 partner visa
Old 23rd October 2016, 02:45 PM   #10
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Default refuse of 820 partner visa

Hi there

My partner just cancelled our 820 partnership visa. We have been a genuine couple for 3 and a half years and I was very close (a matter of a few weeks/month) to get my pr granted.
My ex partner experienced a severe trauma last year and has been in therapy and phycological professional support since then. She got bitten by a italian mustaf (70 kg dog) in the face and suffered severe injury. She had to undertake serious plastic surgery. Our relationship suffered severely under those circumstances. There has been frequent mental stress, accuse and verbal abuse towards me from her. This all can be stated by several friends of our community and psychologists. Would there be a chance for me to appeal the refusal of my partnership visa as this could be seen as a form of domestic violence. My ex partner would probably testify this as well and maybe even take on a sponsorship again (we won't be a couple though at the moment)
I would appreciate any advice
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