Can I Raise Family Violence During a Partner Visa Review?

Can family violence be raised for the first time at the Tribunal?

Family violence can be raised for the first time at the Tribunal, because the review is a fresh decision and the Tribunal considers events up to the time it decides. Many applicants do not disclose violence to the Department while still in the relationship, and that does not prevent the claim at review. Our article on partner visa family violence explains the provisions.

What must be shown for a family violence claim in a review?

A family violence claim in a review must show that the relationship was genuine, that it has ended, and that the sponsor committed family violence against the applicant or a member of their family while the relationship existed. The violence does not need to be physical. Emotional, financial and psychological abuse can qualify where it causes the applicant to fear for their wellbeing or safety. Our page on partner visa family violence explains the elements.

What evidence does the Tribunal need for family violence?

The Tribunal needs either a court-based form of evidence, such as a protection order or a conviction, or other evidence of the kind the regulations and the related instrument specify. Where there is no court order, a statutory declaration is required, together with evidence from people such as doctors, police, psychologists, social workers or family violence services. Our article on partner visa family violence evidence explains each type.

What if I never reported the violence to the police?

An applicant who never reported the violence to the police can still make a family violence claim. Police reports are one form of evidence, not a requirement, and many people do not report for reasons of fear, culture or dependence. Our article on family violence without a police report explains the other evidence that can be used.

Does the Tribunal still need to accept the relationship was genuine?

The Tribunal still needs to accept that the relationship was genuine before it ended, because the family violence provisions protect people in genuine relationships and do not replace that requirement. Where the refusal was based on doubts about the relationship, the review must address both the relationship and the violence. Our article on the partner visa relationship breakdown explains how separation is treated.

Will the sponsor be told about my family violence claim?

The way information about a family violence claim is handled is a common worry, and applicants should raise concerns about safety and confidentiality with their representative at the start. The Tribunal must deal fairly with the evidence, and how particular information is used depends on the case. Our article on family violence after separation explains what applicants can expect.

How does My Migration Lawyers act on a family violence claim during review?

My Migration Lawyers acts on a family violence claim during review by first making sure the review application is valid and the client is safe, then gathering the evidence the regulations require in a way that respects the client's pace. The firm prepares the statutory declaration, obtains supporting evidence from professionals and presents the genuine relationship and the violence together in one submission. Clients can contact our partner visa lawyers through the form on this page.