Support For Visa Applicants and Holders Experiencing Domestic and Family Violence
There is zero tolerance for domestic and family violence against anyone in Australia. It is common for visa holders who experience family violence to be fearful of the uncertainty about the impact of leaving a violent relationship on their visa status, in particular, victims of family violence often endure family violence to avoid having to depart Australia.
The Australian government supports visa holders and visa applicants in Australia in several ways to ensure victim-survivors of domestic family violence do not feel compelled to stay in a violent relationship for a permanent visa outcome.
Visa Subclasses Support
The Department of Home Affairs tasked several special teams to assist victims of family violence who have applied for the following visa subclasses:
The Family Violence Program Management (“FVPM”) team within the Domestic and Family Violence Support Section in the Family Visas Branch has program management oversight for family violence processing within the Partner visa program, including the Family Violence Unit.
The Family Violence Unit (“FVU”) in the Family Visas Branch has expertise in assessing Partner visa applications being considered against the family violence provisions and managing visa applicants experiencing family violence. The FVU can also speak with visa applicants who may have grounds for continued consideration of their visa application under the family violence provision, or those who may seek information about the family violence provisions. They can also refer visa applicants to other services, such as medical and counselling services.
More importantly, the FVU can assist case officers with expediting the process for a victim of family violence to be granted a permanent visa.
Other Types of Support
The Australian government is investing $6.1 million to provide ongoing funding to the Domestic and Family Violence Support (“DFVS”) service, a specialised visa support service in the Department of Home Affairs for temporary visa holders who experience domestic family violence.
Since 2021, the DFVS has assisted more than 1,700 visa holders who experience family violence to regularise their visa status.
The Australian Government is investing $7 million in the 2024-25 Budget to extend domestic family violence prevention and support initiatives for refugee and migrant women, to be delivered as part of the Settlement Engagement and Transition Support (“SETS”) program. The SETS program is a national program that aims to equip and empower humanitarian entrants, other vulnerable migrants and their communities to address their settlement needs.
Financial Support
If the visa application is refused and appealed to the Administrative Review Tribunal (“ART”), visa applicants may seek a fee waiver.
Future Initiative: Leaving Violence Program (LVP)
The Australian Government is also investing $925.2 million over five years to establish the Leaving Violence Program (“LVP”) as a permanent and ongoing financial support program for victim-survivors leaving a violent intimate partner relationship.
Under the LVP, eligible victims will be able to access an individualised financial support package of up to $5,000 as well as safety planning, risk assessment and referrals to other essential services for up to 12 weeks. The LVP will provide up to $5,000 in financial support for the victim-survivor, in the form of up to $1,500 in cash (or cash equivalent) and the rest as a pre-paid card for goods and services.
This program will commence in mid-2025.
Current Initiative: Temporary Visa Holders Experiencing Violence Pilot
While the LVP is being established, visa holders can currently access financial and legal assistance through the Temporary Visa Holders Experiencing Violence Pilot (“TVP”), delivered by the Australian Red Cross, and select Women’s and Community Legal Centres across Australia.
What is considered Domestic and Family Violence?
Family violence is any conduct that causes you to fear for your, or your family’s, safety and well-being. It can be directed at you, your children, your family, friends, pets or property.
Under section 4AB of the Family Law Act, family violence is defined as ‘violent, threatening or other behaviour by a person that coerces or controls a family member or causes the family member to be fearful’.
The Department recognizes that coercive control is almost always an underpinning dynamic of family violence. Coercive control involves perpetrators using abusive behaviours, such as those described below, in a cyclic pattern over time in a way that creates and maintains power and dominance over another person or persons. Perpetrators may use physical or non-physical abusive behaviours or a combination of both.
Coercive control is complex. It includes behaviour that a victim survivor considers abusive but may be hard for others to identify. Things like body language, the click of a pen, a look or a deliberately chosen word can instil fear and dread when it’s part of a pattern of controlling behaviour.
What are some examples of family violence?
Some examples are (but not limited to)”
Emotional abuse
Verbal abuse
Physical abuse
Sexual abuse
Social abuse
Financial abuse
Spiritual abuse
More than often, we see a type of abuse that is often missed by victims, that is – Immigration Abuse. Immigration abuse is the use of somebody’s visa status to control their behaviour. This may include visa cancellation threats, withdrawing sponsorship, visa refusals, threats to allege a visa pathway, etc. Speak to an Immigration Lawyer today if you find yourself in a similar situation.
The Department notes that threats to immigration states, and fear of what might happen to you and/or your children, may result in a victim remaining in the relationship, leaving and returning to the relationship several times, and/or result in the victim not notifying the Department, or seeking assistance from service providers, for an extended period of time.
How long is the processing time?
If the application is prepared properly, it takes about 2 months on average to be granted a permanent visa.
Will my information be kept confidential?
Under the Privacy Act 1988, information cannot be disclosed to third parties (including the sponsor, or the alleged perpetrator) without the written permission of the visa applicant.
The case officer will not disclose any information regarding the status of the visa application, or whether a family violence claim has been made, to any person without the written consent of the visa applicant. Case officers are trained to never assume that the alleged perpetrator is aware that the visa applicant is claiming that the relationship has ceased. Even if the alleged perpetrator is aware that the relationship has ceased, case officers are guided that the alleged perpetrator might not be aware that the visa applicant is seeking to be granted a permanent visa under the family violence provisions.
In other words, the Department will not contact the sponsor or primary visa applicant.
What if I have been refused my visa, can I still seek protection under the family violence provision?
Yes, we will have to assist you with appealing the visa refusal to the Administrative Review Tribunal where the family violence provision will be available.
Where can I get more information?
The Department publishes the following information:
Domestic and family violence and your visa webpage; and
The Beginning a Life in Australia booklet (available in 37 languages).
How Can Agape Henry Crux Help
If you are facing a similar situation or you know someone who is facing a similar situation, contact us now to discuss your options. As legal professionals, we have a professional obligation to keep our discussions confidential. At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are specialised in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.