Partner Visa Family Violence Without a Police Report

Can you make a partner visa family violence without police report claim?

Yes. A partner visa family violence without police report claim is legally possible, and many genuine claims are made this way. The Migration Regulations 1994 do not require a police report. An applicant who never went to the police can still make a non-judicially determined claim of family violence under regulation 1.23(9). The claim must be supported by a statutory declaration from the applicant and at least two documents from two different prescribed categories of evidence. Police evidence is only one of those categories. A partner visa family violence without police report claim therefore depends on the other categories: medical practitioners, psychologists, social workers, family violence support services and other professionals named in the legislative instrument.

This article is written for people who experienced family violence from their sponsoring partner and did not report it to police. Some were afraid. Some were told their visa would be cancelled if they spoke up. Some did not speak English well enough to explain what was happening, or came from a community where going to police about a husband or wife is unthinkable. Others depended on the sponsor for housing, money and transport, and could not leave the house alone. The law recognises all of these situations. The Department of Home Affairs' own policy instructs decision makers to understand them.

If you are in immediate danger, call 000.

This guide explains what the law requires, why a missing police report is not the end of a claim, which other sources of evidence can be used, how to make your own statutory declaration credible and consistent, whether it is worth reporting to police now, how the independent expert process works, and what goes wrong when the evidence is weak. For a broader overview of the family violence provisions, see the family violence partner visa lawyers page. For the whole partner visa framework, read our complete partner visa guide.

Why this question matters so much

Many applicants assume that without a police report there is no case. Some are told this by the sponsor, as a way of keeping control. Some hear it from friends. That belief stops people from coming forward. It also leads people to make rushed decisions, such as attending a police station years after the events in a panic, without understanding what that report will and will not do for the visa. A partner visa family violence without police report claim is assessed on the evidence actually lodged, measured against the rules in Division 1.5 of the Migration Regulations. Understanding those rules early is the most important step. An experienced partner visa lawyer will usually start by checking which of those rules the existing evidence already meets.

What the law requires for a partner visa family violence without police report claim

The law requires a non-judicially determined claim to meet regulation 1.24: a statutory declaration by the alleged victim that complies with regulation 1.25, and at least two prescribed documents, only one of each type, as specified in the current legislative instrument. That instrument is the Migration (Specification of evidentiary requirements, family violence) Instrument (LIN 23/026) 2023. Neither the regulations nor the instrument make a police report compulsory.

Division 1.5 recognises two kinds of family violence claims. The first is a judicially determined claim under subregulations 1.23(2) to (7). That covers a final or properly tested interim protection order made by an Australian state or territory court, an injunction under the Family Law Act 1975, or a conviction or finding of guilt against the sponsor for an offence against the applicant. If evidence of that kind is provided, the decision maker must accept that family violence occurred and cannot refer the claim anywhere.

The second is a non-judicially determined claim under subregulations 1.23(8) and (9). Subregulation 1.23(8) covers a joint undertaking given to a court. Subregulation 1.23(9) covers everything else: the applicant's statutory declaration plus at least two prescribed documents. Most people making a partner visa family violence without police report claim fall into this second group, because without police involvement there is usually no court order and no conviction either.

The eight prescribed categories of evidence

The current instrument, as set out in the Department's procedural instruction on Division 1.5, lists eight categories of evidence. For a partner visa family violence without police report claim, these categories are the practical starting point. They are documents made by:

• a medical practitioner, registered nurse or midwife;
• a police officer;
• a child welfare officer of a state or territory child welfare or child protection authority;
• a family violence support service provider, such as a women's refuge, a domestic and family violence crisis centre, or a community or multicultural crisis service;
• a social worker;
• a psychologist;
• a family consultant or family relationship counsellor; and
• an education professional, such as a school counsellor, principal or teacher who has taught or counselled the alleged victim.

The applicant must provide at least two documents, and they must come from two different categories. A hospital report from a nurse and a letter from a general practitioner count as the same category. A letter from a psychologist and a letter from a refuge count as two. For a partner visa family violence without police report claim, that leaves seven available categories, which is more than enough for most applicants if the evidence is gathered properly.

Who can use the family violence provisions

The family violence provisions apply to the Subclass 820 and Subclass 801 onshore partner visas, and to the Subclass 309 and Subclass 100 offshore partner visas. Applicants on the onshore pathway can read more on the Subclass 820 visa page and in our guide to the Subclass 820 vs Subclass 801 stages. Applicants who are unlawful or hold a visa with a no further stay condition face extra hurdles, discussed on our Schedule 3 waivers page. Offshore applicants should start with the Subclass 309 visa page.

Amendments that commenced on 1 July 2024 extended access to the provisions to holders of the Subclass 300 Prospective Marriage visa, including in some cases where the couple never married. None of the 2024 amendments introduced a police report requirement. The evidence rules for a partner visa family violence without police report claim remain the statutory declaration plus two prescribed documents.

The relationship must have been genuine first

A family violence claim does not replace the relationship test. Before the Department assesses the family violence evidence, it must be satisfied that the couple were in a genuine spouse or de facto relationship until the relationship ended. Applicants should read our guides on proving the relationship is genuine and on the de facto relationship requirements. The decision maker must also be satisfied that the family violence, or part of it, occurred while the relationship existed. Our guide to preparing evidence of a genuine relationship explains the kind of material that covers the period before separation. In a partner visa family violence without police report case, that relationship evidence is often more important than applicants expect.

This is where many claims are lost before the family violence evidence is even considered. A sponsor who has been abusive will often tell the Department that the relationship was never real. The policy warns decision makers that the alleged perpetrator may not be an objective source. But the applicant still needs relationship evidence covering the period up to separation. Our article on what happens when a Subclass 820 relationship breaks down explains this stage in more detail, and the Subclass 820 visa guide covers the underlying criteria.

Why victims do not report family violence to police

Victims of family violence often do not report it to police, and Department policy tells decision makers to understand why. The procedural instruction on Division 1.5 describes a range of reasons people stay, return or stay silent, and states that these issues should not suggest that family violence did not occur. A partner visa family violence without police report claim is therefore not treated as suspicious simply because the police were never called.

The most common reasons people give for never reporting include:

• Visa threats. The sponsor said the visa would be cancelled, that the applicant would be deported, or that the sponsorship would be withdrawn if the applicant complained.
• Fear of escalation. The applicant believed that calling police would make the violence worse, or that the sponsor would retaliate after police left.
• Dependence on the sponsor. The applicant had no income, no bank account in their own name, no car, no friends nearby and nowhere else to live.
• Coercive control. The sponsor monitored the phone, controlled who the applicant spoke to, and did not allow them to leave the house alone.
• Language barriers. The applicant could not explain the abuse in English and did not know an interpreter was available.
• Cultural and family pressure. Reporting a spouse to police would bring shame on the family, or the applicant's own relatives urged them to stay.
• Children. The applicant feared losing the children, or was told the children would stay in Australia without them.
• Not recognising the abuse. The abuse was emotional, financial or social, and the applicant did not realise it was family violence under Australian law.

Each of these is recognised in the Department's own policy. None of them, by itself, weakens a properly prepared partner visa family violence without police report claim. What matters is that the reasons that applied to the applicant are explained clearly and consistently.

Immigration abuse and the threat to the visa

The Department's policy treats immigration abuse as a form of family violence. It describes threats to have the visa cancelled, threats to withdraw sponsorship, telling the victim they cannot leave or they will be removed from Australia, and threats of separation from children. The policy states that these threats may result in the victim staying in the relationship, leaving and returning several times, or not notifying the Department or seeking help from service providers for an extended period.

That is a direct answer to the most common worry in a partner visa family violence without police report case: "they will not believe me because I never went to the police and I did not tell the Department for a long time". The policy expressly anticipates that pattern. Applicants affected by visa threats should also understand their status options, which are covered on our visa cancellations page and in our guide to bridging visas in Australia.

Coercive control and non-physical abuse

Family violence for migration purposes is not limited to physical assault. Regulation 1.21 defines relevant family violence as conduct, actual or threatened, towards the alleged victim, a member of the family unit or their property, that causes the alleged victim to reasonably fear for, or be reasonably apprehensive about, their own wellbeing or safety. The policy confirms that this includes psychological and financial abuse and states that coercive control is almost always an underpinning dynamic of family violence.

Coercive control rarely produces a police report. There is often no single incident a victim could point to. Instead there is a pattern: checking the phone, restricting money, isolating the victim from friends, controlling what they wear, who they see and where they go. A partner visa family violence without police report claim built on coercive control must be described as a pattern, with examples, dates where possible, and the effect on the applicant's sense of safety. The professional evidence must reflect the same pattern.

Groups the policy says face extra barriers

The policy asks decision makers to recognise intersectionality, meaning the way that factors such as gender, sexuality, culture and visa status combine to make abuse harder to escape and harder to prove. It specifically notes that male victims often do not report abuse because they feel embarrassed or think they will not be believed, and that LGBTIQ+ victims may face threats of being outed and may have little corroborating evidence. Applicants in a same-sex relationship can find related information on our LGBTI partner visa page.

For these applicants, a partner visa family violence without police report claim is often the only realistic route. The policy tells decision makers to be mindful of their own biases, for example the assumption that only women can be victims. That guidance does not lower the evidence threshold, but it does mean the reasons for not reporting should be explained clearly in the applicant's statutory declaration. Where the sponsor has sponsored other partners before, or has a history that limits sponsorship, our page on partner visa sponsorship limitations explains the separate rules that may also be relevant.

Evidence for a partner visa family violence without police report claim

The evidence for a partner visa family violence without police report claim is the applicant's statutory declaration plus at least two documents from two different prescribed categories, each made by a professional acting in their professional capacity. Every document must be in writing, in English, on professional letterhead, and must include the author's full name, occupation, signature, date, address and contact phone number. Each category also has its own content requirements, and a document that misses them may not count at all. The sections below explain what each professional document must contain in a partner visa family violence without police report claim.

Medical practitioners, nurses and midwives

A medical report, hospital report, discharge summary, letter or statutory declaration from a medical practitioner, registered nurse or midwife 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 it does not need to name the sponsor.

This category is useful for applicants who saw a general practitioner, attended an emergency department, or were treated for injuries, anxiety, insomnia or other symptoms during the relationship. Many applicants in a partner visa family violence without police report case did see a doctor but never told the doctor the real cause. A current appointment, where the applicant explains the history, can still produce a valid document. The document must come from the treating professional, not from reception or administrative staff.

Family violence support service providers

A report, letter, risk assessment or statutory declaration from a family violence support service provider must state that the alleged victim has made a claim of family violence, state in the provider's professional opinion whether the claims are consistent with the person having been subject to family violence, and identify the alleged perpetrator or give information from which the perpetrator's identity can reasonably be inferred.

The definition is broad. It 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. The service does not have to be government funded and does not have to work only with family violence victims. For many people who never reported to police, a support service is the first place they told anyone the full story, and its letter is often the strongest document in a partner visa family violence without police report claim.

Social workers

A report, letter or statutory declaration from a social worker must state that the alleged victim has made a claim of family violence, give a professional opinion on whether the claims are consistent with family violence, and identify or allow the inference of the alleged perpetrator. A social worker for this purpose is a member of the Australian Association of Social Workers, or a person eligible to be a member, who has provided counselling or assistance while performing the duties of a social worker. A social worker who is not a member should say in the document that they are eligible and state the qualification that makes them eligible.

Psychologists

A report, letter or statutory declaration from a psychologist registered under the Health Practitioner Regulation National Law must meet the same three content requirements as a social worker's document. The instrument does not prescribe a minimum number of sessions. The policy states that a psychologist who has treated the applicant over an extended period may have a stronger understanding of the situation, and that a report written after only one or a few sessions should not be disregarded or considered non-genuine for that reason alone.

Family consultants and family relationship counsellors

A document from a family consultant, as defined in the Family Law Act, or a counsellor at a family relationship centre must state that the alleged victim has been treated or counselled by them, give a professional opinion on consistency with family violence, and identify or allow the inference of the alleged perpetrator. The policy notes that a counsellor who saw both partners together may have a more complete picture of the relationship.

Child welfare officers

A report, letter or statutory declaration from a state or territory child welfare or child protection officer must detail fears for a dependent child's safety due to family violence in the household and identify or allow the inference of the alleged perpetrator. This category is only relevant where there are children and the authority has been involved.

Education professionals

A report, letter or statutory declaration from a school counsellor, school principal or teacher who has taught or counselled the alleged victim must state that they have made, or been made aware of, observations consistent with the claims, give details of those observations, and identify or allow the inference of the alleged perpetrator. This category commonly arises where the applicant was studying, for example at an English language college or a vocational course, and a teacher noticed changes, injuries, absences or the sponsor's controlling behaviour. Education professionals do not need to give an opinion that family violence occurred.

Choosing two categories that work together

The best combination for a partner visa family violence without police report claim is two documents from professionals who have each heard the applicant's account directly and who describe it consistently. A common combination in a partner visa family violence without police report case is a family violence support service letter and a psychologist's report. Another is a general practitioner's letter about treatment during the relationship and a social worker's letter after separation. A third document from another category is permitted and is often worth providing, because the policy states that credible information over and above the required evidence can mean the claim is accepted without a referral to an independent expert.

Professionals must act in their professional capacity

A professional document only counts if the author wrote it in their professional capacity. The policy states plainly that a friend or relative who happens to be a doctor, nurse or psychologist cannot provide prescribed evidence in a personal capacity. Applicants who ask a cousin who is a nurse to write a letter, or a family friend who is a counsellor, will usually find the document rejected as prescribed evidence. Decision makers can contact professionals to check their credentials, and they check registration on the public registers.

What applicants commonly get wrong with professional letters

The most frequent mistakes in a partner visa family violence without police report claim are:

• a letter that describes the applicant's distress but does not state that the applicant made a claim of family violence;
• a letter that does not give a professional opinion on whether the claims are consistent with family violence, where that opinion is required;
• a letter that names neither the sponsor nor any detail from which the sponsor's identity can be inferred;
• two documents from the same category, such as a GP letter and a hospital discharge summary;
• a letter on plain paper, without letterhead, contact details or a signature; and
• a letter whose account of the abuse is different from the applicant's statutory declaration.

If the evidence does not meet the prescribed requirements, the policy says that a claim of family violence has not been made. The Department will usually invite the applicant to provide further evidence, but the time to respond is short and strictly applied, and a further invitation is not certain. Applicants who prepared the claim alone and are unsure whether their letters comply can obtain an immigration lawyer second opinion before the Department asks. Applicants who have already lodged can still hire an immigration lawyer after lodgement. Our guide to responding to a section 56 request for more information explains how those invitations work.

Additional evidence beyond the two prescribed documents

Yes, additional evidence can and usually should be provided. The policy states that any other evidence may be provided in support of a non-judicial claim, as long as the prescribed requirements are met, and that the decision maker must consider it and give it appropriate weight. The same policy warns that evidence from objective, official and credible sources should be given more weight than letters and testimonies from friends and relatives. Additional evidence supports a partner visa family violence without police report claim. It does not replace the prescribed documents.

Messages, emails and voice recordings

Text messages, chat messages, emails and voicemails from the sponsor can be powerful corroboration. Threats about the visa, abusive language, demands to account for money, and messages checking where the applicant is at all times can show the pattern of control described in the statutory declaration. The material should be complete enough to show context, dated, translated where not in English, and organised so a decision maker can follow it. Selective screenshots with no dates carry little weight. In a partner visa family violence without police report claim, messages are often the only contemporaneous record of what the sponsor said, so they should be preserved carefully and backed up somewhere the sponsor cannot reach.

Applicants should take care with recordings. Laws about recording private conversations differ between states and territories. Legal advice should be obtained before relying on a recording made without the other person's knowledge.

Photographs and records of injuries or damage

Photographs of injuries, damaged property, broken phones, holes in walls or locked doors can corroborate specific incidents. The best photographs show the date they were taken, are explained in the statutory declaration, and are consistent with any medical evidence. A photograph alone rarely establishes who caused an injury, so it should be tied to the applicant's account and to any treatment.

Financial records that show control

Financial abuse is a recognised form of family violence under the policy. It includes controlling money to create dependence, not allowing the victim to work, demanding receipts, using joint money against the victim's wishes, incurring debts or fines in the victim's name, and dowry-related abuse. Bank statements showing that all income went into an account the applicant could not access, card statements showing the sponsor controlled spending, messages demanding receipts, and loan or fine notices in the applicant's name can all support a partner visa family violence without police report claim based on financial control.

These documents are also often part of the relationship evidence, because joint finances are one of the four aspects the Department assesses. Our partner visa document checklist and 820 partner visa evidence checklist explain how financial records are used for that separate purpose. The full criteria are summarised in our Subclass 820 partner visa guide.

Statements from friends, family, community and religious leaders

Friends, relatives, neighbours, colleagues, community leaders and religious leaders who saw the abuse or its effects can give signed written statements, ideally made as statutory declarations. These statements are not one of the prescribed categories and cannot count towards the two required documents. They can still help by corroborating specific events: a neighbour who heard shouting, a friend who saw bruises, a relative the applicant called in tears, or a religious leader who was asked to mediate.

A statement from a community or religious leader who acted in a counselling role does not become prescribed evidence unless that person falls within one of the categories, for example as a registered psychologist or a social worker. Each witness should describe only what they personally saw or heard, with dates where possible. Statements written from a template, or that repeat the applicant's account word for word, can damage credibility. These family violence statements are separate from the Form 888 supporting statements used to prove the relationship, which are discussed in our guides on who can make a Form 888 and Form 888 example answers.

Records from services and agencies

Records from services the applicant used during the relationship can show that help was sought even though police were not involved. Examples include records of calls to a family violence helpline, letters from a settlement service, records from an emergency accommodation provider, records from a community health centre, or a letter from a lawyer consulted about separation. Applicants can request their own records from many services. Where the service falls within a prescribed category, such as a crisis support service, its letter may also count as one of the two prescribed documents.

Your own statutory declaration: making it credible and consistent

The applicant's statutory declaration is the centre of a partner visa family violence without police report claim, and it must be a real statutory declaration made under the Statutory Declarations Act 1959, not a Form 888 supporting statement. Under regulation 1.25 it must set out the allegation and name the person alleged to have committed the family violence. The Department publishes Form 1410i to help applicants include what the regulations require and to address questions that help decision makers assess the claim.

Formal requirements

The policy sets out the formal requirements. The declaration must be signed by the applicant and witnessed by a person authorised to witness statutory declarations. Every attachment must be accurately referred to in the declaration and each page of an attachment should be signed by the applicant and the authorised witness. An unsigned declaration does not count. The declaration must be in English. If a friend, relative or interpreter helped the applicant prepare it, that person must make a separate statutory declaration stating that they gave assistance.

These are technical points, but they matter. A declaration that is not properly witnessed may be found not to comply, which means the claim has not been made. In a partner visa family violence without police report case there is no court document to fall back on, so the declaration must be right.

Content that makes the declaration credible

The policy tells decision makers to check whether a declaration appears formulaic, or merely restates the definition of relevant family violence without substantiating it. A credible declaration does the opposite. It:

• names the sponsor and explains the relationship history briefly, including when the couple met, married or began living together, and when they separated;
• describes specific incidents in the applicant's own words, with approximate dates, places and what was said and done;
• describes the pattern of behaviour, especially for coercive control, emotional, social or financial abuse;
• explains how the conduct made the applicant fear for, or feel apprehensive about, their wellbeing or safety, because that is the legal test in regulation 1.21;
• explains clearly why the applicant did not go to police, and why they did not tell the Department earlier;
• explains which professionals the applicant later spoke to and when; and
• is consistent with the professional evidence and the relationship evidence already lodged.

Explaining why you did not report

Every partner visa family violence without police report declaration should deal directly with the absence of police involvement. The explanation should be truthful and specific to the applicant. "I was scared" is weaker than an account of what the sponsor said about the visa, what happened the one time the applicant threatened to call police, or why the applicant believed police would not help. The Department's policy recognises these reasons. The declaration needs to show that they applied to this applicant. A partner visa family violence without police report declaration that is silent on this point leaves the decision maker to guess, and that is never in the applicant's interest.

Consistency across the whole file

Decision makers compare the declaration with everything else: the professional documents, earlier statements, the relationship statement, Form 80, any notification of relationship cessation, and anything the sponsor has said. The policy states that trauma can lead to inconsistencies in memory and that minor or technical inconsistencies would not normally justify a referral. Significant contradictions are different. If the applicant told a psychologist that the abuse began after the wedding, and the declaration says it began before, the decision maker will ask why. Personal details should also match the Form 80 and other forms already lodged. Before the declaration is signed, it should be checked against the relationship statement and the rest of the file.

Applicants should never sign a declaration that contains anything they do not believe is true. A false statement in a statutory declaration is an offence, and false or misleading information can lead to refusal under public interest criterion 4020. Our guides on why partner visas get refused and the most common Subclass 820 refusal reasons explain how integrity findings affect an application. A truthful, specific declaration is the strongest protection a partner visa family violence without police report claim can have.

Should you report the family violence to police now?

Reporting to police now is a personal decision, and it is not a legal requirement for a partner visa family violence without police report claim. A later police report can, however, become police evidence under the instrument, and a later court order made after the sponsor has had an opportunity to be heard becomes a judicially determined claim that the Department must accept. Those are real advantages. They must be weighed against safety, the applicant's wishes and the time involved.

If you are in immediate danger, call 000.

What a later police report can and cannot do

A police report, record of assault or family violence, risk assessment, police witness statement or police officer's statutory declaration counts as police evidence if it identifies the alleged victim, identifies the sponsor or allows their identity to be inferred, and details the incident. A report made months or years after the events can satisfy those requirements. It then counts as one of the two prescribed documents, in a different category from a psychologist or support service.

A late report does not explain the delay by itself. The policy tells decision makers to look at the context in which a police record was obtained, for example whether it followed a call to the home or whether the applicant attended a station and made a statement. A report made shortly before lodging a claim, without any other evidence, may be scrutinised. A report made as part of a broader process of seeking help, alongside professional support, sits more comfortably in the evidence.

Court orders made after separation

A protection order made under state or territory law, after the sponsor has had an opportunity to be heard, is judicially determined evidence. The policy confirms that orders made after separation are acceptable as long as part of the violence occurred while the relationship existed. If a judicially determined claim is lodged after a non-judicial claim, it takes precedence. Ex parte orders, made without the sponsor being given an opportunity to respond, and bail orders are not acceptable as judicially determined evidence.

For some applicants who never reported, seeking a protection order is still appropriate for their safety. For others it is not safe or not wanted. Either way, a partner visa family violence without police report claim can proceed on the non-judicial evidence while that decision is made.

The independent expert process in a partner visa family violence without police report case

If the decision maker is not satisfied on the evidence that relevant family violence occurred, the claim must be referred to an independent expert, and the Department must accept the expert's opinion. Only non-judicially determined claims can be referred. That means referral is a real possibility in every partner visa family violence without police report case, and the evidence should be prepared with that in mind from the start.

When a referral happens

A claim is only referred once the evidence meets the prescribed requirements. If the decision maker is satisfied on the evidence that family violence occurred, the policy says the claim must not be referred unnecessarily. Before referring, decision makers consider whether the conduct fits the definition in regulation 1.21, whether credible information over and above the required evidence was provided, whether the information is vague, whether the evidence conflicts with other information, the sequence of events, and whether the declaration appears formulaic. All proposed referrals must be discussed with a senior officer, and the applicant must be notified in writing.

What the independent expert does

An independent expert is a suitably qualified person employed by, or contracted to, an organisation specified by legislative instrument for assessing non-judicially determined claims. The expert receives the applicant's evidence and other relevant information, including, subject to privacy rules, information from the sponsor. The expert usually interviews the applicant. Applicants can ask for an expert of a particular sex for cultural reasons and for an interpreter, including a particular dialect.

If the expert intends to find that family violence did not occur because of adverse information from a third party, the expert must give the applicant an opportunity to comment. If the expert still finds that family violence did not occur, the Department must give the applicant the expert's assessment and invite comment under section 57 of the Migration Act 1958. Relevant new information can be sent back to the expert, and the opinion can change at any time before the application is decided. Our guide to the section 57 natural justice letter explains how to respond to adverse information.

Not cooperating is a serious risk

If the applicant does not respond to a request to arrange an interview, does not attend without a reasonable explanation, or does not provide requested information, the expert will form an opinion on the information available. For a partner visa family violence without police report claim, that usually means an opinion formed without hearing the applicant fully. Applicants who are overwhelmed, unwell or afraid should explain that through their representative and seek a change of arrangements rather than simply not attending.

Risks of weak evidence in a partner visa family violence without police report claim

Weak evidence creates three main risks: the claim is found not to have been made at all, the claim is referred to an independent expert who is not satisfied, or the whole application is refused. Each of these can be avoided or reduced if the evidence is prepared correctly the first time.

The claim is not validly made

If the documents do not meet regulation 1.24, there is no claim to assess. The policy allows the Department to invite further evidence, and it encourages decision makers to agree to reasonable requests for more time given the sensitivity of these cases. But the response period is short and strictly applied, and the Department may instead decide the application. Applicants should act immediately on any request. Our guide to urgent immigration lawyer advice explains what to gather first. A partner visa family violence without police report claim that is rescued at this stage usually needs new professional evidence, not just a longer explanation.

An unfavourable expert opinion

Where the expert finds that relevant family violence did not occur and that finding stands after comment, the applicant must be taken not to have experienced family violence. Unless the application can succeed on another ground, it will be refused. In a partner visa family violence without police report case, the most common causes of an unfavourable opinion are vague declarations, professional letters that do not describe the abuse, contradictions between documents, and a failure to explain delay.

Refusal and review

A refusal of a partner visa can usually be reviewed by the Administrative Review Tribunal, which replaced the AAT on 14 October 2024. The time limit to apply is short, it runs from the date the decision is notified, and it is strictly applied. Anyone who receives a refusal should act immediately. Our pages on partner visa refusals, visa refusals and what to expect in an ART review explain the process, and our guide to partner visa appeal options sets out the next steps. Where a legal error is involved, see our judicial review page.

The Tribunal can itself refer a non-judicially determined claim to an independent expert. Evidence that was missing before the Department can be provided to the Tribunal, which is why a refusal should be reviewed with the evidence rebuilt, not simply argued again.

What the Tribunal has remitted on this issue

Tribunal decisions recorded in our database show the kinds of issues that arise. In Siyad (Migration) [2025] ARTA 2129, a Subclass 820 matter, the Tribunal remitted the decision where the issues recorded included a relationship that had ceased, whether the relationship was genuine and continuing before the family violence, coercive control, and joint utility and tenancy accounts. In 2305121 (Migration) [2025] ARTA 455, also a Subclass 820 matter, the issues recorded included a genuine and continuing relationship before it ceased, a joint bank account, social and government recognition of the relationship, and a non-judicially determined claim of family violence. Every case turns on its own evidence, and these decisions do not predict any other outcome. They do show that the Tribunal looks closely at the relationship evidence and the family violence evidence together. A visa appeal lawyer can explain how that applies to a particular partner visa family violence without police report refusal.

Privacy and safety while the claim is assessed

The Department must not contact the sponsor about the applicant's family violence claim and must not disclose the claim or the status of the application to the sponsor without the applicant's written consent. The policy states that decision makers are not to ask the alleged perpetrator whether family violence occurred, and are not to discuss it further even if the sponsor raises it.

There are practical steps the applicant must take as well. If the sponsor is still listed as the authorised recipient for the application, that must be changed before correspondence about the claim is sent. Applicants usually notify the Department that the relationship has ended through ImmiAccount. Our guides on how to create an ImmiAccount, Form 1022 change of circumstances and Form 956 and 956A explain the related forms. Applicants should change passwords and check that the sponsor no longer has access to their email, phone or ImmiAccount. Applicants worried about their right to stay and work while the claim is assessed should read our guides to Bridging visa A and work rights while waiting for a Subclass 820 visa. These privacy and status steps protect a partner visa family violence without police report claim from interference by the sponsor.

How My Migration Lawyers handles partner visa family violence without police report claims

My Migration Lawyers acts for partner visa applicants who experienced family violence and never reported it to police, and we regularly handle matters of exactly this kind. These are complex cases. They combine a relationship assessment, a sensitive family violence claim, a sponsor who may be giving the Department a very different account, and an applicant who is often frightened and exhausted. A partner visa family violence without police report claim needs careful legal work, not a form filled in under pressure. Our guide to when you need an immigration lawyer for a partner visa explains why.

On these matters, My Migration Lawyers:

• reviews the whole immigration history and the partner visa file first, so we know what the Department already holds, including anything the sponsor has said;
• takes the applicant's account in a confidential setting, with an interpreter where needed, and identifies the conduct that meets the definition of relevant family violence in regulation 1.21;
• identifies which professionals the applicant has already seen, and which prescribed categories are realistically available;
• explains to treating professionals, with the applicant's consent, exactly what the instrument requires their document to contain, without suggesting what their opinion should be;
• prepares the applicant's statutory declaration from the applicant's own account, in the form regulation 1.25 requires, and checks it for consistency against every other document on file;
• organises the supporting messages, photographs, financial records and witness statements so the decision maker can follow them;
• strengthens the relationship evidence up to separation, because the relationship must be accepted first;
• secures privacy, including changes to the authorised recipient and representative details; and
• represents the applicant through any section 56 request, independent expert referral, section 57 invitation and, where needed, review at the Administrative Review Tribunal.

Every matter is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers and our work as partner visa lawyers. We act for clients across Australia. Our pages for partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta explain how we work with clients in each city. Applicants comparing representatives can read our guides to choosing the best partner visa lawyer in Australia, including in Sydney, Melbourne, Brisbane and Perth.

If you are considering a partner visa family violence without police report claim, or the Department has already asked for more evidence, the earlier the evidence is planned, the more options remain open. Book a Consultation with My Migration Lawyers.

You can also call My Migration Lawyers on 1300 040 300.