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Minister Tony Burke cancelled visas of multiple perpetrators and expanded visa classes eligible for family violence assistance. The Department of Home Affairs requires proof that a relationship was genuine before assessing claims. Lawyers say this sequence creates barriers for victims on temporary visas.
Home Affairs Minister Tony Burke cancelled the visas of multiple domestic and family violence perpetrators on the basis of credible accusations including coercive control. Abc reported that Burke also expanded the number of visa classes that can access assistance and lowered the barrier to that assistance.
The Department of Home Affairs requires applicants to first prove their relationship was genuine through documents such as joint bills, bank accounts, leases or invitations addressed to the couple.
Abc reported that the department assesses pillars of the relationship including financial aspects, the nature of the household, social aspects and the couple's commitment before it considers domestic violence claims. Sophia, a migrant mother who applied for the family violence provisions in 2023, remains without a decision.
She had access to none of the required documents because of coercive control by her former husband and visa sponsor.
Abc reported that she collected cans from bins to exchange for 10 cents each to buy food for her child. The Immigration Advice and Rights Centre receives an average of 18 new inquiries each week from victim-survivors of family violence. Abc reported that the centre referred out more than 250 victim-survivors last year due to lack of funding.
Migrants who are secondary applicants to a partner's student visa remain excluded from the provisions. Abc reported that Legal Aid ACT has advised such clients there is no way to access protections and they must leave the country. A Department of Home Affairs spokesperson said processes exist to stop known perpetrators from sponsoring further partner visas and that any future applications by such sponsors would be scrutinised.
Abc reported that limitations include a lifetime cap of two partner visas per individual. Professor Marie Segrave said perpetrators have asked friends to state that a relationship was not genuine and have demanded payment for a visa before claiming the victim was paying them to stay.
Abc reported that Segrave described reform of the provisions as a major area under the government's national plan to end violence against women and children.
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