The Department of Home Affairs has recently announced changes to ‘non-judicial’ evidence requirement for victims of family violence. From 31 March 2023, there will be less evidentiary burden on victims of family and domestic violence seeking a visa. This announcement came after consultation with legal experts examining the challenges faced by victims of domestic violence.
Certain temporary visa holders may be eligible for a permanent visa if they experience family violence during their relationship with an Australian citizen or permanent resident. To be considered under this provision, a valid claim of family violence must be made. Family violence must have occurred while in a de facto relationship or marriage. The abuse must have occurred while the marriage or de facto relationship had existed between the applicant and alleged perpetrator.
If you have applied for, or been granted one of the following visas you may be eligible for a permanent visa if you have experienced domestic and family violence:
Temporary Partner (subclass 820) visa
Provisional Partner (subclass 309) visa
Prospective Marriage (subclass 300) visa
Dependent Child (subclass 445) visa
Global Talent (subclass 858) visa
A non-judicial claim needs to be brought where an applicant did not bring a family claim through the courts.
These changes will make it easier for applicants to obtain evidence from professionals and service providers that they are already engaged with.
New changes to the evidence requirements include the following:
1. Midwives are included in the list of medical professionals that can provide medical evidence in support of a domestic violence claim.
2. Social workers, psychologists, educational professionals and family consultants can provide evidence through letters or reports
3. Family consultants can provide evidence by making a statutory declaration.
4. Child Welfare officers and eligible medical professionals can provide letters as evidence in support of a domestic violence claim.
These changes will come into effect on 31 March 2023.
If you or someone you know is experiencing, or at risk of experiencing, family, domestic, or sexual violence, call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au.
If you are concerned about your behavior or use of violence, you can contact the Men’s Referral Service on 1300 766 491.
Do you require further assistance?
If you have further questions about the above, or have any other immigration related query, please get in touch with our experienced team. Contact us by email at hello@canberramigrationservices.com.au or by phone at +614517572873.
This article does not constitute legal advice or create an attorney-client relationship. Please consult an immigration professional for up to date information.
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