Family Violence Provisions

If you are in immediate danger you should call the police on 000. Police are safe and can be trusted. They will not deport to your home country or take you to an immigration detention centre.  

If you need an interpreter call 131 450 

For free, confidential counselling and information call 1800 737 732 

If you are an eligible visa holder and are taken to have suffered family violence, there are special provisions in immigration law that allow you to continue with your permanent visa application. Your visa status cannot be threatened by an abusive partner. You do not have to live in fear that he/she will deport you.  

‘Relevant family violence’ is defined under r1.21 of the Migration Regulations 1994 as conduct, whether actual or threatened, towards: 

  • the alleged victim or 
  • a member of the family unit of the alleged victim or 
  • a member of the family unit of the alleged perpetrator or 
  • the property of the alleged victim or 
  • the property of a member of the family unit of the alleged victim or 
  • the property of a member of the family unit of the alleged perpetrator 

that causes the alleged victim to reasonably fear for, or to be reasonably apprehensive about, their own wellbeing or safety.  

‘Relevant family violence’ is not limited to physical harm. It also includes other forms of abuse such as psychological and financial abuse, which is consistent with the regulation 1.21 definition. 

The law allows for four circumstances under which family violence is suffered and committed: 

  • injunction order under Family Law Act 1975 
  • a court has made an order under a law of a State or Territory against the alleged perpetrator for the protection of the alleged victim from violence 
  • a court has convicted the alleged perpetrator of violence against the alleged victim 
  • a non-judicially determined claim of violence has been made by satisfying the prescribed criterion that the applicant (or another person mentioned in the criterion) has suffered family violence and evidence has been presented (in accordance with the applicable regulation). 

Suffering family violence is a traumatic and life-changing experience. We are here to help you, in confidence and with respect. 

Don’ be afraid to come forward and seek help.