Navigating Family Violence and Immigration Law in Australia

For migrants in Australia, the intersection of family violence and immigration law presents complex and often overwhelming challenges. Individuals on temporary visas, such as partner visas, student visas, or work visas, have an added vulnerability to their immigration status, which can make it difficult to escape abusive relationships and access support systems.

In light of this, immigration law plays a critical role in determining the rights and protections available to those experiencing family violence.

Immigration Pathways for Victims of Family Violence Explained

Australia’s immigration system includes specific provisions aimed at protecting victims of family violence, particularly those in abusive relationships or marriages. These provisions have been designed to ensure the safety of victims, allowing them to remain in the country while enabling them to pursue their immigration status independently from their abuser.

Partner Visas (Subclass 820/801 & Subclass 309/100) and Family Violence Provisions

A key area where family violence and immigration law intersect is the Partner (Subclass 820/801 or Subclass 309/100) visa program. These visa subclasses are typically granted to individuals who are in a de facto or spousal relationship with an Australian citizen or permanent resident. When these visa holders become victims of family violence, they may feel trapped, as their visa status is dependent on the continued relationship with their abusive sponsor.

However, this does not have to be the case as under Regulation 1.21 of the Migration Regulations 1994, a victim of family violence may be eligible to apply for a permanent partner visa independently of their abusive partner. This allows family violence victims to remain in Australia, even if they are no longer in a relationship with the abuser.

To qualify for this provision, victims must provide supporting evidence of family violence. This can come in the form of police reports, medical reports, photographs or statements from support services that help people affected by family violence.

Protection Visa (subclass 866)

For individuals on temporary visas such as temporary skilled, student, or visitor visas, there are other pathways available as well. In some of these cases, victims of family violence may seek to apply for a Protection (subclass 866) visa if they fear returning to their home country due to the threat of violence or persecution. Family violence can also be recognized as a form of harm under international refugee law, and in certain situations, individuals who are victims of violence by family members may be granted asylum in Australia.

To qualify for a Protection Visa, applicants must prove that they face a real risk of harm should they be forced to return to their home country, which can include threats of further abuse or violence.

Significant Changes – The Migration Amendment Regulation 2024

At the end of 2024, significant changes were made to the Migration Regulations, expanding access to family violence provisions for secondary applicants across several visa subclasses. Notably, these changes applied to 11 additional visa subclasses, including:

Before these changes, secondary applicants could only qualify for a visa if they remained a ‘member of the family unit’ of the primary applicant. However, with the introduction of expanded family violence provisions, they can now be granted a visa even if they have left the family unit as a result of domestic or family violence.

These changes aim to provide stronger safeguards for individuals facing family violence, preventing entrapment due to immigration status. By broadening these provisions, the Australian government recognized migrants' vulnerabilities and reaffirmed its commitment to supporting domestic violence victims within the immigration system.

How Can Agape Henry Crux Assist

The complexity of proving family violence to the Department of Home Affairs can be a significant hurdle. Reach out to our team of immigration lawyers and registered migration agents to secure the necessary protection and navigate complicated immigration processes. The team works with 2 of our Accredited Specialist Immigration Lawyers at Agape Henry Crux. The team specialises in handling highly complex matters. To seek professional advice, schedule an appointment with one of our solicitors by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.

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.

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