Partner Visa Family Violence Evidence

What is partner visa family violence evidence?

Partner visa family violence evidence is the set of documents that allows a partner visa applicant to continue towards a permanent visa after the relationship with the sponsor has ended and family violence has occurred. Without the right partner visa family violence evidence, the Department of Home Affairs cannot treat the applicant as a person who has experienced family violence, even if the violence was real and serious. The law does not ask applicants to prove family violence in a general way. It sets out exactly which kinds of evidence count, who must make them and what they must say.

The rules are in Division 1.5 of the Migration Regulations 1994, which contains regulations 1.21 to 1.27. Regulation 1.23 explains when a person is taken to have experienced family violence and when the alleged perpetrator is taken to have committed it. Regulation 1.24 sets out the evidence required for a non-judicially determined claim. Regulation 1.25 sets out what the applicant's statutory declaration must contain. The Department's procedural instruction on Division 1.5, which officers apply when they assess partner visa family violence evidence, explains how each of these rules is applied in practice. My Migration Lawyers acts for applicants in these matters through its family violence partner visa lawyers service.

This article is about the evidence itself. It explains the difference between judicial and non-judicial claims, the documents that commonly support a claim, how evidence is obtained, translated and organised, how the Department tests consistency and credibility, and how to gather evidence safely. For a broader overview of partner visas, read the complete partner visa guide.

Which partner visas the family violence provisions cover

The family violence provisions apply to the main partner visa subclasses. They cover the onshore temporary and permanent stages, Subclass 820 and Subclass 801, and the offshore stages, Subclass 309 and Subclass 100. The Department's procedural instruction also confirms that the Subclass 820 criteria include provisions for applicants who hold or held a Subclass 300 Prospective Marriage visa where the relationship ceased before the Subclass 820 application was made. Applicants on the onshore pathway can read more on our Subclass 820 visa page, and offshore applicants on our Subclass 309 visa page.

In partner matters, the alleged victim is usually the visa applicant, and the alleged perpetrator is usually the sponsor. The provisions can also apply where the violence was experienced by a dependent child or, depending on the subclass, a member of the applicant's family unit. There is no requirement that the relationship ended because of the family violence. The relationship must simply have ended, and the family violence, or part of it, must have occurred while the relationship existed.

The relationship is assessed before the evidence

Partner visa family violence evidence is never assessed in isolation. The Department first decides whether the couple were in a genuine spouse or de facto relationship until it ceased. This is assessed under sections 5F and 5CB of the Migration Act 1958 and regulations 1.15A and 1.09A. Only if the relationship was genuine does the officer move on to the family violence claim. This is why applicants must keep their relationship evidence as carefully as their family violence documents. A strong family violence file cannot rescue an application where the Department finds that the relationship was never genuine.

For applicants whose relationship has only just ended, our article on what happens to a Subclass 820 application if the relationship breaks down explains the wider process, including the duty to tell the Department about the change of circumstances using Form 1022.

When the claim is made at each stage

Partner visa family violence evidence is most often lodged at the permanent stage, while a Subclass 801 or Subclass 100 application is waiting to be decided, or while the combined Subclass 820 and Subclass 801 application is still being processed. Our article comparing Subclass 820 and Subclass 801 explains how the two stages fit together, and our Subclass 820 partner visa guide explains the requirements at the temporary stage. De facto couples should also keep in mind the separate rules on how a de facto relationship is established, because the relationship assessment comes first. Where a visa has already been cancelled, or a cancellation is proposed, different rules apply and the firm's visa cancellations page explains that process.

Judicial and non-judicial claims: the two routes for partner visa family violence evidence

Partner visa family violence evidence falls into two legal categories: judicially determined claims and non-judicially determined claims. The category decides how the Department treats the evidence, whether it can be challenged and whether an independent expert can become involved.

A judicially determined claim rests on a court process in which the alleged perpetrator had the chance to answer the allegation. Subregulations 1.23(2) to (7) prescribe these forms of evidence. If the applicant provides evidence that fully meets those subregulations, the alleged victim is taken to have experienced family violence, and the alleged perpetrator is taken to have committed it. The decision maker cannot weigh conflicting information against it, including a denial by the sponsor, and has no power to refer the case to an independent expert.

A non-judicially determined claim does not rest on a court finding. Subregulations 1.23(8) and (9) prescribe the evidence for these claims. The decision maker must decide whether they are satisfied that the alleged victim has experienced relevant family violence. If the decision maker is not satisfied, the claim must be referred to an independent expert. The decision maker may take conflicting information into account when deciding whether they are satisfied.

The practical difference is significant. Judicial partner visa family violence evidence is close to conclusive on the question of whether family violence occurred. Non-judicial partner visa family violence evidence opens the door to an assessment, and the quality of each document matters a great deal. Where both kinds exist, the Department's policy is that judicially determined claims take precedence. If an applicant first makes a non-judicial claim and later obtains a qualifying court order, the judicial claim must be accepted, despite any reservations the officer had about the earlier claim.

Why the category matters for strategy

Many applicants assume that more documents always help. That is not how this area of law works. The first task is to identify which category the available evidence falls into and whether each item meets the exact prescribed requirements. An applicant who holds a qualifying final protection order may need little else on the family violence question. An applicant who holds only an ex parte order, a police event number and a counsellor's email may hold nothing that meets the prescribed requirements yet. Identifying that gap early is the single most valuable step in preparing partner visa family violence evidence.

What judicial partner visa family violence evidence is accepted?

Judicial partner visa family violence evidence is accepted where it is an injunction under the Family Law Act 1975, a protection order made under a state or territory law after the alleged perpetrator had an opportunity to be heard, or a conviction or finding of guilt against the alleged perpetrator in respect of violence against the alleged victim. In every case, the court must be a court in Australia. The names of the alleged victim and the alleged perpetrator on the court document must match the names on the visa application.

Family Law Act injunctions

An injunction granted under the Family Law Act 1975 for the protection of the alleged victim is one of the prescribed forms of judicial evidence. Injunctions of this kind are less common in partner visa matters than state and territory protection orders, but where one exists it should be obtained in sealed form from the court and provided in full.

State and territory protection orders

Each state and territory has its own law on protection orders, and the orders have different names. The Department's procedural instruction lists examples including an Apprehended Domestic Violence Order, a Domestic Violence Order, a Family Violence Intervention Order, a Family Violence Order, a Family Violence Restraining Order and an Intervention Order. The name does not matter. What matters is that the order was made under a law of a state or territory, against the alleged perpetrator, for the protection of the alleged victim from violence, and that it meets paragraph 1.23(4)(b).

Paragraph 1.23(4)(b) requires that the court gave the alleged perpetrator an opportunity to be heard, or otherwise to make submissions, before making the order. Final or confirmed orders satisfy this requirement because they are made after the respondent has had that opportunity. The officer must also check the conditions of the order. The order must protect the alleged victim, not the alleged perpetrator. Applicants are sometimes surprised to find that a cross order, or an order protecting the sponsor, has been made, and that order does not support their claim.

The validity period of the order does not matter. Many final orders last for a set period. The Department's policy states that whether the order has expired is irrelevant to whether family violence occurred.

Interim orders, consent orders and orders made after separation

Interim orders are acceptable as partner visa family violence evidence only if the alleged perpetrator was given an opportunity by the court to respond to the allegations before the order was made. The Department's policy states that it is the opportunity to respond that is important. It is irrelevant whether the alleged perpetrator actually used that opportunity. If an interim order meets this requirement, the Department does not need to ask for the final order.

Many protection orders are made by consent, sometimes without any admission by the respondent. The legal test in paragraph 1.23(4)(b) is about the opportunity to be heard, not about a contested hearing. An order made by consent is made in proceedings in which the respondent appeared or was able to appear, and so the respondent had the opportunity the regulation requires. Whether a particular consent order qualifies still depends on its terms and on how it was made, so the sealed order and, where available, the court record of the hearing should be obtained.

Orders made after separation can also be accepted, as long as part of the family violence occurred while the relationship existed. Our separate article on family violence after separation deals with that timing issue in detail.

Convictions and findings of guilt

A conviction of the alleged perpetrator, or a finding of guilt against them, for an offence of violence against the alleged victim is also judicial partner visa family violence evidence. Applicants should obtain the court record of the conviction or finding, not only a police summary. A charge that has not been decided is not a conviction or finding of guilt. If criminal proceedings are still running, the applicant may need to rely on non-judicial evidence in the meantime, and later provide the court outcome if one is made.

Court documents that do not count

Some court documents look official but are not accepted as judicial partner visa family violence evidence. The Department's procedural instruction identifies these:

• Bail orders. Bail conditions do not meet subregulations 1.23(2) to (7), even where they prohibit contact with the applicant.
• Ex parte orders. Orders made without the alleged perpetrator having had an opportunity to respond are not acceptable under subregulation 1.23(4). Many first orders made urgently at a police station or on the day of an incident are of this kind.
• Applications for orders. An application to a court, without an order that meets the requirements, is not itself a prescribed document.
• Orders from overseas courts. Only a court in Australia is an appropriate court for these subregulations.

If an applicant provides a court document that does not qualify, the Department cannot refer the case to an independent expert on the strength of that document. The officer may give the applicant an opportunity to provide evidence that does meet Division 1.5, or may decide the application. This is one of the most common points at which a family violence claim falls apart. It is also why experienced partner visa lawyers check every court document before it is lodged.

Non-judicial partner visa family violence evidence: what the law requires

Non-judicial partner visa family violence evidence is either a joint undertaking made to a court, or a statutory declaration by the alleged victim together with at least two prescribed documents from different categories. These are the only two ways to make a non-judicially determined claim. Anything else, however persuasive it seems, does not make a claim on its own.

Joint undertakings under subregulation 1.23(8)

Subregulation 1.23(8) covers a joint undertaking made to a court by the alleged victim and the alleged perpetrator, in proceedings in which there is an allegation before the court that the alleged perpetrator has committed an act of violence against the alleged victim. A joint undertaking is not a court finding. It is a court sanctioned agreement by the parties to act in certain ways. For that reason it is non-judicial partner visa family violence evidence, and the Department has a discretion to refer the claim to an independent expert.

The Department's policy recognises that, in most cases, there would be no reason to doubt the version of events in a properly made joint undertaking. The undertaking must, however, have been made in the manner the court requires. Different states and territories have different rules. If the court requires both parties to sign and only one did, the undertaking will not be acceptable. Applicants should obtain the document from the court file, not rely on their own copy or memory of what was agreed.

Statutory declaration plus two prescribed documents under subregulation 1.23(9)

Subregulation 1.23(9) is the route most partner visa applicants use. Under regulation 1.24, the applicant must provide a statutory declaration that meets regulation 1.25, together with at least two prescribed documents in accordance with the legislative instrument made for paragraph 1.24(b). The current instrument named in the Department's procedural instruction is the Migration (Specification of evidentiary requirements, family violence) Instrument (LIN 23/026) 2023.

The two documents must come from at least two different categories in the instrument, and only one of each type counts. The Department's own example is that a hospital report from a nurse and a statutory declaration from a medical practitioner are the same type of evidence, so they cannot be used as the two required items. One document can relate to the applicant and the other to a dependent child, where the Schedule 2 criteria allow, but they must still be of two different types.

Providing this partner visa family violence evidence does not mean the applicant automatically meets the provisions. It means that an acceptable claim of family violence has been made, which the Department must then consider. If the applicant provides evidence that is not prescribed in the instrument, the Department's policy is that a claim has not yet been made, and the applicant should be told and given an opportunity to provide prescribed evidence.

A note on changes to the rules

The family violence provisions and the evidence instrument have been amended more than once. The instrument that commenced in 2023 expanded the list, for example by adding midwives to the medical professionals who can provide evidence, adding risk assessments and reports as types of evidence, adding further advocacy and crisis services, and removing the statutory declaration requirement for some professionals. The provisions were amended again in late 2024. This article reflects the Department's current procedural instruction and its published evidence guidance at the time of writing. Every claim should be checked against the law and instrument in force when the application is decided, which is why partner visa family violence evidence is best reviewed by a lawyer before it is lodged.

Applicants deciding whether to prepare the claim themselves can read our comparison of a partner visa lawyer and doing it yourself, and our overview of what an immigration lawyer does. Applicants still at the start of the process can read our 820 visa requirements and documents guide. The decision on what partner visa family violence evidence to lodge, and in what order, is a legal judgement that should be made with the whole file in view.

The statutory declaration: the applicant's own account

The applicant's statutory declaration is the centre of a non-judicial claim. It is the applicant's own detailed account of the family violence, made under the Statutory Declarations Act 1959 and meeting regulation 1.25. It is not a Form 888 supporting statement. A Form 888 is used by friends and family to support the genuineness of a relationship. The family violence declaration is a different document with its own legal requirements.

What the declaration must contain

Where the applicant alleges that they are the victim, the declaration must set out the allegation and name the person alleged to have committed the relevant family violence. Where the conduct was directed towards another person, such as a child or a family member, the declaration must also name that person, identify the relationship between the applicant and that person, and set out the allegation. Where the alleged victim is someone other than the applicant, such as a dependent child, the declaration must also set out the evidence on which the allegation is based.

The allegation must fit the definition of relevant family violence in regulation 1.21. That definition covers conduct, whether actual or threatened, towards the alleged victim, a member of the family unit of the alleged victim or of the alleged perpetrator, or the property of any of them, that causes the alleged victim to reasonably fear for, or to be reasonably apprehensive about, their own wellbeing or safety. The Department's procedural instruction confirms that relevant family violence is not limited to physical harm. It includes psychological and financial abuse, and the instruction describes coercive control, social isolation, technology facilitated abuse, dowry related abuse and immigration abuse, such as threats to have the applicant's visa cancelled or to withdraw sponsorship.

The Department provides Form 1410i, which is designed to help the alleged victim include all the information regulation 1.25 requires and to address questions that are useful in assessing whether family violence took place. The declaration does not have to state the date the relationship ended, although the Department must still be satisfied that some of the violence occurred while the relationship existed.

Making the declaration properly

A statutory declaration that is not properly made can be rejected. For a family violence declaration to be acceptable:

• it must be signed by the applicant and witnessed by a person authorised to witness statutory declarations;
• every attachment must be referred to accurately in the declaration, so it is clear which documents form part of it;
• each page of each attachment should be witnessed by the authorised person; and
• it must be in English.

An unsigned declaration is not treated as substantially complying with the Regulations. If a friend, relative or interpreter helps the applicant prepare the declaration, that person must complete a separate statutory declaration stating that they provided assistance. If the Department asks for further information about the declaration, the further information must also be given in the form of a statutory declaration.

Specific, not formulaic

The Department's procedural instruction tells officers to consider whether the declaration appears formulaic, or merely restates the wording of the regulation 1.21 definition without substantiating the claims. A declaration that says only that the applicant "feared for their wellbeing and safety" adds little. A strong declaration describes particular incidents, where and when they happened, what was said and done, how the applicant responded, who they told, and what fear or apprehension the conduct caused. It also explains patterns of control that do not fit neatly into single incidents.

Applicants who have written a partner visa relationship statement earlier in the application must make sure the family violence declaration is consistent with it, or explains plainly why the earlier statement did not mention the violence. Fear of the sponsor, who often reads or helps prepare the original application, is a common and understandable reason. The declaration is the applicant's own true account. A lawyer's role is to make sure it covers what the law requires, in clear English, and that it fits the rest of the partner visa family violence evidence.

Which documents count as prescribed partner visa family violence evidence?

The prescribed documents are reports, letters, statutory declarations and similar records made by specified professionals acting in their professional capacity. Each category has its own content requirements. Every item must be in writing, in English, on the professional's letterhead or their organisation's letterhead, and must include the maker's full name, occupation, signature, date, address and contact phone number. The Department's policy is that officers should view the evidence holistically, and that the inadvertent omission of a less relevant contact detail should not result in automatic rejection.

A professional must be acting in their professional capacity. A friend or relative who happens to be a nurse, social worker or psychologist cannot provide prescribed partner visa family violence evidence in a personal capacity. The categories of prescribed partner visa family violence evidence in the current instrument, as summarised in the Department's procedural instruction, are set out below.

Medical practitioners, registered nurses and midwives

A medical report, hospital report, discharge summary, letter or statutory declaration made by a medical practitioner, registered nurse or midwife can be prescribed partner visa family violence evidence. It must identify the alleged victim and detail injuries or treatment that may be consistent with family violence. It does not need to say that family violence occurred and does not need to identify the alleged perpetrator. Documents made by administrative staff without these qualifications are not acceptable. Psychiatrists fall within this category as medical practitioners.

Police officers

A report, record of assault or family violence, risk assessment, witness statement or statutory declaration made by a police officer acting in their professional capacity can be prescribed evidence. It must identify the alleged victim, identify the alleged perpetrator or contain information from which their identity can reasonably be inferred, and detail the incident or incidents of family violence. A witness statement made to police by a person other than the alleged victim during a police investigation also falls within this category. The applicant's own witness statement to police does not, and a statement made outside an investigation for the purpose of the visa application does not. Bail orders are not acceptable.

Child welfare officers

A report, letter or statutory declaration by an officer of a state or territory child welfare or child protection authority can be prescribed evidence. It must detail fears for the dependent child's safety due to family violence within the household and identify the alleged perpetrator, or allow their identity to be reasonably inferred. Where children are part of the household, this is often the most objective partner visa family violence evidence available.

Family violence support service providers

A report, letter, risk assessment or statutory declaration from a family violence support service provider can be prescribed evidence. The instrument covers a women's refuge, a domestic and family violence crisis centre, or a community, multicultural or other crisis support service providing domestic and family violence assistance or support to the alleged victim. The provider does not have to be government funded and does not have to work exclusively with victims of family violence. The document must be on the organisation's letterhead, state that the alleged victim has made a claim of family violence, state the provider's professional opinion on whether the claims are consistent with the alleged victim having been subject to family violence, and identify the alleged perpetrator or allow their identity to be inferred.

Social workers

A report, letter or statutory declaration by a social worker can be prescribed evidence. A social worker for this purpose is a member of the Australian Association of Social Workers, or a person eligible for membership, who has counselled or assisted the alleged victim while performing the duties of a social worker. A social worker who is not a member should state that they are eligible and identify the qualification that makes them eligible. The content requirements are the same as for a support service provider: the claim, a professional opinion that the claims are consistent with family violence, and the identity of the alleged perpetrator.

Psychologists

A report, letter or statutory declaration by a psychologist registered under the Health Practitioner Regulation National Law can be prescribed evidence. It must state that the alleged victim has made a claim of family violence, give the psychologist's professional opinion on whether the claims are consistent with family violence, and identify the alleged perpetrator or allow their identity to be inferred. The instrument does not prescribe a minimum number of sessions.

Family consultants and family relationship counsellors

A report, letter or statutory declaration by a family consultant within the meaning of the Family Law Act 1975, or by a counsellor who provides services at a family relationship centre, can be prescribed evidence. It must state that the alleged victim has been treated or counselled by the maker, give a professional opinion on whether the claims are consistent with family violence, and identify the alleged perpetrator or allow their identity to be inferred. A family consultant should state their appointment and provide documentary evidence of it.

Education professionals

A report, letter or statutory declaration by a school counsellor, school principal or teacher who has taught or counselled the alleged victim can be prescribed evidence. The education professional does not need to express an opinion that family violence occurred. They must state that they have made, or been made aware of, observations consistent with the alleged victim's claims, give details of those observations, and identify the alleged perpetrator or allow their identity to be inferred. Reports and letters must be on the school or education organisation's letterhead. This category is most relevant where the alleged victim is a child.

Messages, photographs and other supporting partner visa family violence evidence

Messages, photographs, recordings and letters from friends are supporting partner visa family violence evidence. They cannot replace the prescribed documents, but they can be given real weight once the prescribed requirements are met. The Department's policy is that any other evidence may be provided in support of a non-judicial claim, as long as the prescribed evidentiary requirements are satisfied. Officers must consider relevant additional evidence and give it appropriate weight, depending on its type and quality.

The policy also states plainly that evidence from objective, official and credible sources should be given more weight than more subjective forms of evidence, such as letters and testimonies from friends and relatives. That does not make personal evidence worthless. It means the strongest files combine professional and official documents with contemporaneous personal records.

What supporting evidence commonly helps

Supporting partner visa family violence evidence often includes:

• Text messages, emails and social media messages from the sponsor that contain threats, insults, demands or controlling instructions, showing the date, the sender and the full conversation, not a single cropped line.
• Photographs of injuries or property damage, with the original files kept so the date and time data is preserved.
• Records of financial control, such as bank statements showing the applicant had no access to money, or messages demanding receipts for every purchase.
• Evidence of immigration abuse, such as messages threatening to withdraw sponsorship or to report the applicant to the Department.
• Statements from people the applicant confided in at the time, such as a friend, colleague or relative. These are not prescribed documents and are not Form 888 statements, but a clear account from someone who saw injuries or heard about incidents at the time can corroborate the applicant's declaration.
• Records from a general practitioner, hospital, counsellor or support service beyond the two prescribed items, showing that the applicant sought help over time.
• School or child protection records where children were present or affected.

Applicants who have previously gathered documents for their relationship, using our partner visa document checklist or the 820 partner visa evidence checklist, will recognise that the family violence file is built differently. Relationship evidence shows a shared life. Family violence evidence shows what happened within it. Our guide to preparing evidence of a genuine relationship remains relevant, because the Department still assesses the relationship first.

Supporting statements from friends and family

Statements from friends and family should be honest, specific and written in the person's own words. A statement from someone who saw bruising, took the applicant in after an incident, or received a frightened call is more useful than a general character reference. These statements are different from the Form 888 supporting statements used to show that a relationship is genuine, although the same principles apply: each witness must describe only what they personally know, and statements must not be copied from each other. Our article on Form 888 example answers and common mistakes explains why templated statements damage credibility, and the same risk applies here.

Evidence that can harm a claim

Some material does more harm than good. Messages edited or presented out of context, photographs that cannot be dated, and statements from friends that repeat identical phrases can all raise doubts. So can evidence that contradicts the applicant's own declaration on dates or events. Every document in the partner visa family violence evidence should be read against the declaration before it is lodged, so that any difference is explained rather than discovered by the case officer.

How the Department assesses non-judicial partner visa family violence evidence

The Department assesses non-judicial partner visa family violence evidence by first checking that it meets the prescribed requirements, and then deciding whether it is satisfied that the alleged victim experienced relevant family violence committed by the alleged perpetrator. If the officer is satisfied, the application proceeds on the basis that the family violence criterion is met. If the officer is not satisfied, the claim must be referred to an independent expert. Family violence claims are handled by a specialist Department unit once the relationship assessment is complete.

In deciding whether it is satisfied, the Department considers all relevant information. The procedural instruction directs officers to consider whether the conduct fits the definition of relevant family violence, whether the applicant has provided credible information beyond the minimum, whether the information is vague or ambiguous, and whether the evidence conflicts with other information. Additional evidence, such as medical reports or a psychologist's report, can mean the officer is satisfied without a referral. That is why a file built only to the minimum is often weaker than it needs to be.

How professional opinions are weighed

When a psychologist, social worker or family relationship counsellor gives an opinion, the officer considers the history of the professional's contact with the applicant. A professional who has treated the applicant over an extended period may be given significant weight. Evidence from an expert in family violence should also be given significant weight. A report written after one or a small number of sessions is not to be disregarded or treated as non-genuine, but it may carry less weight than a long treatment history. Applicants should ask their professional to set out how long and how often they have seen the applicant.

How police records are weighed

For a police record of assault, the officer may examine how it came about. A record made after police attended the home in response to a call may be read differently from a record made after the applicant walked into a police station to make a report. Neither is invalid. The context should be clear from the partner visa family violence evidence, and the declaration should explain it.

The independent expert

An independent expert is a person suitably qualified to make independent assessments of non-judicially determined claims, who is employed by or contracted to an organisation specified in a legislative instrument for that purpose. The Department sends the expert only information relevant to the claim, which can include the applicant's evidence, interview notes, and information from the sponsor where privacy rules allow. The Administrative Review Tribunal can also make referrals.

The expert must give the applicant an opportunity to comment on adverse third party information before finding that family violence did not occur. If the expert's opinion is negative, the Department must give the applicant a copy of the assessment and invite comment under section 57 of the Migration Act 1958. Relevant new information can be sent back to the expert, whose opinion can change at any time before the decision. Once the process is complete, the decision maker must take the expert's opinion to be correct. If the expert finds that relevant family violence occurred, the application proceeds on that basis. If the applicant does not respond to the expert or attend an interview without a reasonable explanation, the expert will form an opinion on the information available. Our guide to the section 57 natural justice letter explains how to respond to adverse information generally.

Consistency and credibility in partner visa family violence evidence

Consistency is the quality that most often decides a non-judicial claim. The Department's procedural instruction tells officers to check whether professional reports conflict with each other or with the applicant's declaration, and whether the evidence conflicts with earlier statements, dismissed court cases, site visit findings or information from third parties.

The same instruction also tells officers that recounting family violence is stressful, that trauma can lead to inconsistencies in memory, and that inconsistencies of a minor or technical nature would not normally warrant referral in the absence of other reasons to doubt the claim. It recognises that victims often leave and return several times, remain in contact with the perpetrator, or delay coming forward, and that these facts do not suggest that family violence did not occur.

Information from the sponsor

Sponsors frequently contact the Department to deny the allegations or to claim that the relationship was never genuine. The Department's policy is that officers must not ask the alleged perpetrator whether family violence occurred, must not discuss the claim with them, and must bear in mind that the alleged perpetrator may not be an objective source. For a judicial claim, a denial by the sponsor cannot be taken into account at all. For a non-judicial claim, the officer may consider it, but only with caution. Where the sponsor has told the Department that the relationship ended before the applicant did, the applicant should expect to explain the sequence of events, and the Department's policy is to invite that explanation before considering a referral.

Practical consistency checks

Before lodging partner visa family violence evidence, every date, address and event should be checked across the declaration, the professional reports, police records, the earlier application forms and any Form 1022 notification. Where a professional's report records an incident differently from the declaration, the difference should be clarified with the professional or explained. A small difference left unexplained can grow into a credibility problem. Earlier statements that describe a happy relationship need to be addressed directly, not ignored.

Obtaining, translating and organising partner visa family violence evidence

Partner visa family violence evidence should be requested in writing from each source, checked against the prescribed content requirements before it is lodged, translated where needed and organised so that the case officer can see at once which items satisfy regulation 1.24.

Obtaining the documents

• Court documents. Request sealed copies of orders, and where useful the transcript or court record showing the respondent was present or had an opportunity to be heard. For convictions, request the court record of the outcome.
• Police records. Request reports, records of family violence incidents and risk assessments through the relevant police force's release process. Police event numbers alone are not documents.
• Medical and hospital records. Ask the treating doctor, nurse or midwife for a report on letterhead that identifies the applicant and details injuries or treatment that may be consistent with family violence. Hospital discharge summaries can also qualify.
• Psychologist, social worker and counsellor reports. Explain to the professional exactly what the instrument requires them to state, including a professional opinion on consistency with family violence and information identifying the alleged perpetrator. Many professionals write a helpful letter that omits one required element.
• Refuge and support service letters. Ask for a letter or risk assessment on the organisation's letterhead that includes every prescribed element.
• School and child protection records. Where children are involved, request letters from the school or child protection authority that meet their category's requirements.

Translating documents

Every prescribed item and the statutory declaration must be in English. Supporting documents in another language, such as messages written in the applicant's first language, should be provided with an accurate English translation, and the original should be kept. An applicant who needs an interpreter to prepare the declaration can use one, but the interpreter must complete their own statutory declaration stating that they helped.

Organising the file

A clear index helps the officer and reduces the risk of a prescribed item being overlooked. A practical structure is: the statutory declaration first; then judicial evidence, if any; then the prescribed items, labelled by category; then supporting evidence in date order. Each attachment to the declaration must be referred to in the declaration and witnessed. The file should be uploaded through ImmiAccount by the applicant or their appointed representative, and our guides to creating an ImmiAccount and appointing a representative with Form 956 explain those steps.

When the Department asks for more evidence

If the Department invites the applicant under section 56 to provide acceptable partner visa family violence evidence, the response period is short and strictly applied, and runs from the date the request is notified. Applicants should act immediately. The Department's policy encourages officers to facilitate requests for more time in family violence cases, and an officer can allow further time under subsection 58(4), but an extension should never be assumed. Our article on responding to a section 56 request explains the general process.

Privacy and safety when gathering partner visa family violence evidence

Safety comes before evidence. An applicant who is in immediate danger should call 000. Gathering partner visa family violence evidence must never put the applicant or their children at greater risk.

The Department's procedural instruction recognises the risk. Officers must not tell the sponsor about the applicant's visa status or that a family violence claim has been made without the applicant's written consent. If the sponsor is still listed as the authorised recipient for the application, the applicant must be given an opportunity to change that before any correspondence about the claim is sent. Applicants should therefore update their contact details, authorised recipient and email address in ImmiAccount as early as possible, and change any passwords the sponsor may know.

Practical safety steps include keeping copies of evidence somewhere the sponsor cannot access, such as with a trusted person or a new email account, not confronting the sponsor to obtain admissions, and not accessing the sponsor's phone or accounts to obtain messages. Evidence obtained unlawfully can create legal problems of its own. Professionals and support services can often store records securely on the applicant's behalf.

Applicants who hold a bridging visa should also understand their current status. Our guides to Bridging Visa A and work rights while waiting for a Subclass 820 visa explain the general position.

What if there is no police report?

A police report is not essential. Non-judicial partner visa family violence evidence can be built from any two prescribed categories, such as a psychologist's report and a refuge letter, together with the applicant's declaration. Many applicants never contacted police because they feared the consequences for their visa or their safety. Our separate article on family violence without a police report covers this situation in more detail. The key point is that the two items must still be from different prescribed categories and must still contain every required element.

Common mistakes with partner visa family violence evidence

The most common mistakes with partner visa family violence evidence are avoidable:

• Relying on an ex parte or interim order made before the sponsor had an opportunity to respond, and assuming it is judicial evidence.
• Lodging two documents of the same type, such as two medical letters, and treating them as the two prescribed items.
• Professional letters that omit a required element, most often the professional opinion on consistency with family violence, or information identifying the alleged perpetrator.
• A declaration that is not properly witnessed, is unsigned, or does not refer to its attachments.
• A formulaic declaration that repeats the legal definition without describing what actually happened.
• Ignoring the relationship assessment, so that the claim fails because the relationship itself was not shown to be genuine.
• Unexplained inconsistencies between the declaration, professional reports and earlier application documents.
• Leaving the sponsor as authorised recipient, putting the applicant's safety and privacy at risk.

These errors are also among the issues seen in partner visa refusals. Our articles on why partner visas get refused and the most common Subclass 820 refusal reasons explain related risks.

What Tribunal decisions show about partner visa family violence evidence

Tribunal decisions show that family violence claims in partner visa matters are often decided on how the evidence fits with the relationship history. The following decisions from the Tribunal, in which the decision under review was remitted to the Department, are described only by the issues reported:

• Javed (Migration) [2021] AATA 3007: a Subclass 820 matter in which the reported issues were a genuine spousal relationship that had ceased, a family violence claim, and evidence tested before a court.
• 2305121 (Migration) [2025] ARTA 455: a Subclass 820 matter in which the reported issues included whether the relationship was genuine and continuing before it ceased, a joint bank account, social and government recognition of the relationship, and a non-judicially determined claim of family violence.
• Siyad (Migration) [2025] ARTA 2129: a Subclass 820 matter in which the reported issues included a genuine and continuing relationship before family violence, coercive control, and joint utility and tenancy accounts.

These decisions turn on their own facts and do not predict the result of any other matter. They show that the relationship evidence and the partner visa family violence evidence are assessed together, and that coercive control and court tested evidence are live issues in review. Applicants who have received a refusal and can still apply for review should read about partner visa refusal appeal options and what to expect in an ART review, because review deadlines are short and strictly applied and run from the date the decision is notified. The firm's visa refusals and visa appeal lawyer pages explain how review work is handled, and the judicial review page explains court review where the Tribunal has made a legal error.

How My Migration Lawyers prepares partner visa family violence evidence

My Migration Lawyers prepares partner visa family violence evidence as a legal file, built item by item against Division 1.5 and the current evidence instrument. The firm acts in many partner visa matters where the relationship has ended because of family violence, including matters involving coercive control, financial and immigration abuse, children, and sponsors who contact the Department to deny the claims. These are complex cases, and the firm is capable of handling them with care and discretion.

What the firm does on a family violence matter

• Safety and privacy first. The firm makes sure the sponsor is removed as authorised recipient, that contact details are secure, and that the Department is notified of the change in circumstances correctly.
• Category assessment. The firm reviews every court document to decide whether the claim is judicial or non-judicial, and identifies any order that is ex parte, a bail order or otherwise outside the prescribed forms.
• Gap analysis against the instrument. Each professional document is checked against its category's content requirements, and the firm identifies exactly what is missing before anything is lodged.
• Requests to professionals. The firm prepares clear written requests explaining what the instrument requires a doctor, psychologist, social worker, refuge or school to state, without suggesting what their opinion should be.
• The statutory declaration. The firm takes the client's instructions in detail and presents the client's own account in a properly made declaration that meets regulation 1.25 and is consistent with the rest of the file.
• Relationship evidence. The firm prepares the evidence that the relationship was genuine until it ended, because the claim depends on it.
• Responses and referrals. The firm manages section 56 requests, extension requests, responses to adverse information and any independent expert process.

The firm's work is overseen by Weiwei Zhang, Principal Lawyer. No outcome can be promised in any family violence matter, but the firm will tell clients honestly what their evidence shows and what can properly be done. You can read more about My Migration Lawyers, visit our partner visa lawyers page, read about hiring an immigration lawyer for a partner visa or after lodging your own application, or get an immigration lawyer second opinion on evidence already lodged. Clients who need help quickly can read about urgent immigration lawyer advice.

My Migration Lawyers acts for clients across Australia, including through our pages for partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Applicants comparing firms can read our guides to choosing the best partner visa lawyer in Australia, including in Sydney, Melbourne, Brisbane, Perth and Adelaide, and what to expect from an immigration lawyer consultation.

If your relationship has ended and you have experienced family violence, and you need your partner visa family violence evidence reviewed or prepared, book a consultation with My Migration Lawyers. You can also call My Migration Lawyers on 1300 040 300.