Albanese Labour Government Implements Changes to Evidentiary Requirements for Victims of Family Violence Seeking Visa

Immigration News

The Albanese Labour Government is taking a significant step toward improving support for victim-survivors of family and domestic violence. The government recently announced changes to the Migration Regulations 1994, introducing a new instrument known as the 'Specification of Evidentiary Requirements - Family Violence.' This new instrument will reduce the burden on victims of family and domestic violence who are seeking visas.

Effective from 31 March 2023, the new measures include adding midwives to the list of medical professionals who can provide evidence, adding risk assessments and reports as types of evidence in lieu of statutory declarations, adding additional advocacy and crisis service providers who can provide evidence, and removing the statutory declaration requirement for some healthcare professionals.

The Albanese Labor Government has consulted with experts across the family violence support and legal sectors to understand the challenges faced by victim-survivors of family violence when providing evidence to meet the requirements of the existing special provisions relating to family violence. The new instrument improves accessibility to the family violence provisions in the Migration Act by increasing flexibility around the evidence that applicants must provide to make a non-judicially determined claim of family violence.

The new measures will make it easier for applicants to obtain evidence from professionals and service providers that they are already engaged with. This will help migrant women who are experiencing violence by an abusive partner, who may not have a support network here in Australia, and in some cases, their abuser may be one of the few people they know.

The Minister for Social Services, the Hon Amanda Rishworth MP, said that "We know many migrant women who are experiencing violence by an abusive partner may not have a support network here in Australia, and in some cases their abuser may be one of the few people they know." She further emphasized that the government is committed to reviewing the instrument again in the next 12 months to ensure it continues to reflect community expectations.

The changes in the evidentiary requirements will also ensure that applicants are not burdened with the difficult task of producing evidence, which can be challenging and even dangerous in some cases. The new measures will provide greater flexibility and accessibility to services that can provide evidence to support a claim of family violence.

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 behaviour or use of violence, you can contact the Men’s Referral Service on 1300 766 491.

In conclusion, the Albanese Labour Government's new instrument for reducing the burden on victims of family and domestic violence seeking a visa is a significant step forward in improving the support for victim-survivors. The government's commitment to reviewing the instrument in the next 12 months demonstrates their dedication to ensuring that the community's expectations are met, and that the changes are effective.

How No Borders Law Group can assist with partner visa application when you are victims of domestic and family violence

The Australian Government has zero tolerance for domestic and family violence against anyone, including permanent or temporary visa holders.

Talk to No Borders Law Group, and we will liaise on your behalf with the Department of Home Affairs to support victims of domestic and family violence and to regularise a person’s visa status while you remain in Australia.