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๐Ÿ‡ฆ๐Ÿ‡บ Australia /Crime & Justice

Home Affairs asks DFV survivors to prove relationship with abusers 'genuine'

From ABC Australia · () English

Summarized and contextualized by DistantNews.

At a glance

News Named sources Under investigation
  • Migrant women in Australia experiencing domestic violence face difficulties proving their relationship was 'genuine' to the Department of Home Affairs for visa purposes.
  • Perpetrators often control visas, leaving survivors with no recourse if they return home due to fear of stigma or abuse.
  • The department's requirements for proof, such as joint bills or leases, are often unavailable to victims of coercive control, leaving them in a difficult situation.

Migrant women in Australia who are survivors of domestic and family violence (DFV) are facing significant hurdles in proving the "genuineness" of their relationships to the Department of Home Affairs, a process critical for their visa status. For many, their abusive partners are also their visa sponsors, creating a complex web of control and fear.

He kept our passports, controlled all the money, and made all the decisions.

โ€” SophiaSophia describing the control exerted by her abusive ex-husband and visa sponsor.

Returning to their home countries is often not a viable option. Survivors express deep-seated fears of separation from their Australian children or anticipate facing stigma and abuse over the ended relationship. The Department of Home Affairs has family violence provisions under the Migration Act, but the application process demands proof of a "genuine" relationship through documents that survivors, particularly those subjected to coercive control, often cannot access.

He controlled my communication and isolated me.

โ€” SophiaSophia detailing the isolation tactics used by her abuser.

One survivor, identified as Sophia, detailed how her ex-husband, who was also her visa sponsor, subjected her to physical, verbal, and sexual abuse, alongside coercive control. He controlled all aspects of her life, including finances, communication, and even prevented her from learning English or contacting her family. Sophia resorted to collecting cans to buy food for her child, illustrating the extreme measures she took to survive.

If you could contact your sister, if you share anything to your sister โ€ฆ I will deport you.

โ€” SophiaSophia recounting a threat made by her ex-husband regarding her contact with her sister.

Kristie Mellor, a senior solicitor at the Immigration Advice and Rights Centre, criticized the department's process, stating it often requires proof of financial interdependence, household arrangements, and social integration โ€“ what the department calls "pillars of the relationship" โ€“ before even assessing claims of DFV. Mellor noted that many clients "fall down at the first step," suggesting the daunting nature of the process may compel individuals to remain in abusive relationships. Sophia's application, submitted in 2023, is still pending.

It was so difficult to explain to immigration.

โ€” SophiaSophia reflecting on the challenges of her application process.
DistantNews Editorial

Originally published by ABC Australia. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.