Family violence & Commonwealth laws e-news | Issue 4

Issue 4 | 1 March 2011   View original format

2nd issues paper released: Family Violence—Immigration Law

Closing date for submissions to this Issues Paper is 12 April 2011.

With respect to migrants, Family Violence and Commonwealth Laws—Immigration Law (IP 37) considers the ‘family violence exception’ in the Migration Regulations 1994 (Cth) that works to ensure that visa applicants do not have to remain in violent relationships in order to obtain permanent residence in Australia.  A number of issues surrounding the ‘family violence exception’ are addressed, including in relation to:

  • the definition of ‘relevant family violence’;
  • the evidentiary requirements for making a claim of family violence;
  • the role of independent experts and competent persons;
  • sponsorship arrangements; and
  • information sharing.

With respect to refugees, the Issues Paper considers whether the current provisions in the Migration Act 1958 (Cth) are adequate to protect the safety of those who seek protection in Australia as victims of family violence. The Issues Paper also asks whether ‘complementary protection’ is needed to protect victims of family violence whose claims fall outside the United Nations Convention Relating to the Status of Refugees, but who may need international protection.

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