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Recent amendments to the Migration Regulations 1994 regarding the expansion of the family violence (FV) provisions have come into effect. The amendments have been made in support of the Australian Government’s National Plan to End Violence Against Women and Children 2022 – 2032. 

It is our experience that women with uncertain visa status who experience family and domestic violence (FDV) are incredibly vulnerable and can remain in unsafe and potentially life-threatening circumstances due to the lack of options available to them to leave violent relationships. We welcome these amendments which acknowledge the unique challenges faced by temporary visa holders who experience FDV, and the difficulties in leaving violent relationships due to uncertain visa status.  

We are particularly pleased to see that the amendments will expand access to the family violence provisions for many temporary visa holders who, despite having experienced FDV, were previously unable to access the provisions. We are also pleased to see improved evidentiary requirements that recognise the challenges many face in obtaining evidence in support of an application based on FV grounds.  

While the availability of FV provisions for some visa pathways, together with the implementation of recent amendments is great progress in recognising situations of FDV within an immigration context, further reform is still needed.  

Our Humanitarian team looks forward to continuing our advocacy in this space and encouraging further progression towards supporting victim-survivors in an appropriate, empathetic and respectful manner throughout their visa journey. 

 

For more information or to request legal assistance, contact our team.