For women on temporary visas experiencing domestic and family violence (DFV) in Australia, their perpetrators are often also their visa sponsors.
Returning to their home countries is usually unthinkable, as many are terrified of being separated from their Australian children, or they know they will face stigma or abuse over the ended relationship.
The Department of Home Affairs has family violence provisions under the Migration Act, but the application asks for proof the relationship was “genuine” via documents that usually do not exist.
Legal Aid ACT lawyer Jessica Liao said the provisions excluded swathes of temporary visa holders.
Ms Liao said migrants who were secondary applicants to their partner’s student visa were among those excluded.
“So if the person experiences family violence in that situation, then there’s no way to access those protections,” she said.
Ms Liao said many clients had little knowledge about their immigration status.
“We’ve even seen people who’ve come from domestic violence, leave relationships with violence and not realise what visa they were holding,” she said.
Professor of Criminology Marie Segrave has researched temporary migration and DFV.
She said perpetrators who were aware of the department’s “genuine” relationship test were able to derail it by creating “suspicion”.
“Perpetrators try to ensure that victims aren’t on the lease, that they don’t have a shared bank account, that they’re basically in control of every aspect of their lives,” Professor Segrave said.
In a statement, Home Affairs Minister Tony Burke said he had expanded the number of visa classes that could access assistance for domestic and family violence, “and lowered the barrier to accessing assistance”.
“In addition, I have taken the unprecedented step of cancelling the visas of multiple people on the basis of credible accusations of domestic violence, including coercive control,”
he said.
Source: Migrant DFV victim-survivors made to prove genuineness of relationship – ABC News