In Australia, temporary visa holders facing domestic and family violence (DFV) often find themselves in precarious situations, compounded by concerns over their visa status and fear of deportation. The Australian government has established the Domestic and Family Violence Support (DFVS) service within the Department of Home Affairs to address these challenges. This service provides essential support to visa holders who are vulnerable due to DFV, ensuring they have access to legal protection and assistance.
DFVS(Domestic and Family Violence Support): A Critical Service for Temporary Visa Holders
Originally launched as a pilot, the DFVS Section has now been allocated $6.1 million in ongoing funding through the 2024-25 federal budget. The DFVS service provides temporary visa holders with crucial case management, visa escalations, and immigration-related advice to help them navigate the complexities of their legal status in Australia while dealing with DFV.
From July 2021 to April 2024, the DFVS received over 1,737 referrals, demonstrating the significant demand for support among temporary visa holders facing DFV. This specialised service continues to play a vital role in ensuring that vulnerable individuals have access to the help they need.
Key Updates and Support in 2024
In May 2024, the DFVS Section published its first edition newsletter of the year, featuring critical updates:
- Statutory Declaration Requirements: For non-judicially determined family violence claims, a Commonwealth statutory declaration is required, replacing the previous Form 1410. Using outdated forms can result in delays in processing.
- Updates to Division 1.5: This section, which deals with special provisions related to family violence, was revised in April 2024, offering more comprehensive definitions of DFV and emphasizing intersectionality.
- Referral Updates: January 2024 saw the highest number of referrals to DFVS, underscoring the need for ongoing support.
Navigating Australian Partner Visa After Family Violence
Kris Ahn Lawyers hosted a highly informative seminar titled “Navigating Australian Partner Visa After Family Violence,” focusing on the challenges that visa holders face when applying for partner visas under circumstances of family violence. The seminar provided essential insights into the legal pathways available to those affected, offering practical guidance on how to navigate visa applications after experiencing DFV.
If you missed the live seminar, you can access the full recording here.
Who Can Access DFVS?
The DFVS Section is specifically designed to support temporary visa holders experiencing DFV, including individuals on bridging visas, awaiting decisions on visa applications, or without a valid visa. Australian citizens and permanent residents are not eligible for DFVS assistance but can seek help through other programs.
Visa holders whose partners are the perpetrators of violence can also report concerns to the Department’s Border Watch Program. This ensures that the individual’s safety is prioritised while the report remains confidential.
Broader Government Initiatives
In addition to the DFVS, the Australian government has allocated further funding in the 2024-25 budget to strengthen support for DFV survivors, including:
- The Leaving Violence Program: This new initiative provides practical assistance to visa holders leaving violent situations.
- Expanded Settlement Services: Aims to assist survivors in rebuilding their lives by offering access to essential services and support networks.
Conclusion: Navigating Partner Visas After Family Violence with Kris Ahn Lawyers
Experiencing domestic or family violence as a visa holder is daunting, but there are support services designed to protect your rights and ensure your safety. If you need legal guidance on navigating your partner visa application after family violence, Kris Ahn Lawyers can help.
With years of experience in handling sensitive DFV-related cases, we are committed to providing compassionate, expert advice tailored to your situation.
Contact Kris Ahn Lawyers today and book a consultation to discuss your visa options and how we can support you through the complex legal processes ahead.
Further Reading on Domestic Violence and Partner Visas:
- Say No to Domestic Violence
- Australian Partner Visa for Victims of Family Violence
- Regulations for Partner Visa Facing Family Violence
- 801 PR Partner Visa Through a Family Violence Claim
- Australian Partner Visa for Family Violence Victims
Disclaimer: Not Legal Advice
The information provided in this blog post/article is for general informational purposes only. It does not constitute legal advice or create a representative-client relationship. While we strive to provide accurate and up-to-date information, the content may not reflect the most current legal developments or specific circumstances.
Do not rely solely on the information presented here – but please book in a consultation with us to see how you this information applies to you and may benefit you. Any reliance on the material in this post is at your own risk.
Australian immigration law is arguably one of the most complex laws in Australia. Seek professional legal advice tailored to your individual needs before making any decisions based on the content of this post.