(Cth) Recognise Family Violence Beyond Partners for Temporary Visa Holders
- Akash Merai, David Paterson & Abigail Ma
- Mar 24
- 8 min read
Author: Akash Merai, David Paterson & Abigail Ma | Publish date: 24/3/2026
Trigger Warning: Domestic and Family Violence
P: Victim-survivors on temporary visas are excluded from migration family violence provisions in cases where abuse is perpetrated by a family member other than their partner.
S: The Minister for Immigration and Citizenship should amend Section 1.23 of the Migration Regulations 1994 (Cth) to broaden the definition of ‘relevant family violence’ to include abuse perpetrated by a relative of the sponsoring partner or a relative of the victim-survivor, not only the partner.
Problem Identification:
Section 1.21 of the Migration Regulations 1994 (Cth) (the Regulations) defines ‘relevant family violence’ as including abuse and violence by a relative of the sponsoring partner or a relative of the victim-survivor. However, Section 1.23 of the Regulations limits the perpetrator in cases of the family violence provisions to ‘spouse or de facto partner’.
According to the Immigration Advice and Rights Centre (IARC), this means that victim-survivors on temporary visas are only eligible for family violence provisions if they experience abuse from a partner. They have therefore argued that victim survivors who experience abuse from someone other than a partner could be ‘at risk of poverty and homelessness, and are faced with no other option than to stay with, or return to, a violent perpetrator.’
Context:
Family violence, as defined by the Family Law Act 1975 (Cth), refers to ‘violent, threatening or other behaviour by a person [such as from parents, in-laws, siblings and extended family] that coerces or controls a member of the person's family … or causes the family member to be fearful.’ The Australian Institute of Health and Welfare (AIHW) noted that victim-survivors are ‘mainly … women and children.’
The family violence provision refers to a process whereby temporary visa holders can ‘stay in Australia on a permanent visa if … [they] have experienced family violence’. Legal Aid NSW stated that the provisions ‘allow victims of domestic and family violence to get help [from support services] and potentially gain permanent residency without relying on their abuser.’ According to the Australian Law Reform Commission, in 1994, the provisions were implemented ‘in response to community concerns that some partners might feel compelled to remain in abusive relationships rather than end the relationship and be forced to leave Australia.’
Arguments:
The National Advocacy Group on Women on Temporary Visas Experiencing Violence (the National Advocacy Group) argued that limited eligibility for family violence provisions ‘fails to recognise that living with extended family is the norm for certain cultural groups’. The Australian Institute of Family Studies reported that ‘living with extended family members is relatively more common in some cultural groups’, including those from parts of Africa, Asia and Oceania. Northern Community Legal Centre revealed that of the Indian migrants who sought their legal assistance, 44% experienced family violence by extended family members. A member of the WEAVERs Project, a panel of victim-survivors, stated that ‘as a survivor from a migrant community … my perpetrators were my father, my uncle, my aunt and my grandmother.’
According to the National Advocacy Group, temporary visa status is utilised ‘frequently by perpetrators of family violence to further coerce and control victims/survivors.’ The IARC and Unions NSW stated that without ‘a pathway to a permanent visa’, victim-survivors are ‘forced to stay’ with abusers, as they do not have any ‘safety and certainty’ when they choose to leave. AIHW reported that in 2015–16 (most current data available), 44% of victim-survivors had been threatened by a family member with visa sponsorship withdrawal, and 39% with deportation. According to Robinson et al., temporary visa status was used by perpetrators for ‘isolating, silencing, and exploiting’ victim-survivors, ‘making them vulnerable’ to family violence.
Economic Justice Australia (EJA) highlighted that victim-survivors' inability to access support services could cause further harm and ‘impede [their] ability to recover from experiences of violence.’ IARC stated that temporary migrants, especially women, ‘cannot access … accommodation, welfare, health and other critical services due to their [visa] status’. The Federation of Ethnic Communities’ Councils of Australia highlighted that many ‘migrant women on temporary visas … have no source of income.’ The Australian Housing and Urban Research Institute explained that this can lead to ‘entrenched disadvantage, poor physical and mental health’ and ‘potentially to exploitation, abuse and homelessness.’ EJA acknowledged that limited support to holders of temporary visas ‘traps [victim-survivors] in crisis accommodation and makes it difficult for them to begin rebuilding their lives.’
Advice/Solution Identification:
The IARC and Unions NSW, Australian Women Against Violence Alliance, and the National Advocacy Group have called to broaden the definition of 'relevant family violence' to include abuse and violence perpetrated by a family member other than their partner. IARC has stated this could allow victim-survivors ‘the opportunity to escape violence and stay in Australia.’
Precedent:
There is domestic precedent for the definition of family violence including violence perpetrated by extended family members.
Public Support:
Note: the National Advocacy Group is endorsed by the following organisations/individuals:
This list reflects publicly stated positions and should not necessarily be taken as endorsement of this specific brief.
News Coverage:
ABC News - “Some migrant domestic violence victims don’t realise they are suffering from domestic violence”. This article detailed visa concerns being weaponised by perpetrators against migrant women. By: Laura Lavelle | 1 May 2023 - Read the article here.
SBS News - “Visa and cultural barriers trapping migrant women in abusive relationships”. This article highlighted calls from advocates to criminalise coercive control and expand provisions of migration law to provide a pathway to permanent residency for family violence victims on temporary visas. By: Amy Chien-Yu Wang and Shamsher Kainth | 12 August 2022 - Read the article here.
SBS News - “One in three migrant women in Australia have experienced domestic violence”. This article highlighted research into the extent of domestic violence experienced by migrants in Australia. By: Emma Brancatisano | 30 June 2021 - Read the article here.
ABC News - “Domestic violence victims on temporary visas need urgent protections, experts warn”. This article explored the experience of victim-survivors on temporary visas and their inability to access support services. By: Hayley Gleeson | 24 May 2020 - Read the article here.
Where to go to learn more:
(2025) The National Advocacy Group on Women on Temporary Visas Experiencing Violence Statement - A public statement by a coalition of actors within the Immigration and Family Violence sectors that has formed to advocate for changes in the migration legislation to ensure the protection of migrants from family violence, including the expansion of the definition of family violence within the Regulations to include extended family members. View their statement here.
(2023) Immigration Advice and Rights Centre and Unions NSW submission to the Parliamentary Joint Standing Committee on Migration - The submission advocated for the protection and empowerment of migrants, including the broadening of the definition of family violence within the Regulations to include extended family members. View their statement here.
(2010) The Australian Law Reform Commission Report 114 - The report detailed how Australian migration regulations allowed victims of family violence to pursue permanent residency despite the breakdown of their sponsored relationships, ensuring they were not compelled to remain in abusive situations to avoid deportation. Read the report here.
(2021) Migrant and Refugee Women in Australia: The Safety and Security Study - The study explored the nature of family violence within migrant and refugee communities in Australia. View their study here.
Migration Regulations 1994 (Cth) - Read the Regulations here.
Human Perspective:
Trigger warning: Family Violence, Physical Violence and Sexual Violence
Ananya is a mother of 2 children who left Thailand to join her husband in Australia. She lived with her partner’s family while her husband worked on a farm in a rural community. Ananya reached out to Child Protection after she found out that her children had been physically and sexually abused by her father-in-law. Child protection authorities then removed Ananya and her children from the family home to ensure her and the children’s safety from the abuser. They were placed in emergency domestic violence accommodation. While there, she received a letter from the Department of Home Affairs stating that she was in breach of her visa conditions and may face deportation. Ananya reached out to her partner for help, but he refused to acknowledge that the abuse had occurred. He denied her any help to secure her visa, and the thought of her children being left in his and his family's care without her to protect them was terrifying. She was heartbroken, and the stress was unbearable. It was all too much. Because the violence was perpetrated by a family member other than her partner, Ananya has no access to the migration family violence provisions. Her visa does not allow her to work, so she has no income. She also has no access to Medicare or income support and must rely entirely on the charity and goodwill of others. The situation makes her feel worthless, as she is desperate to keep her children safe from further harm.
To protect the anonymity of those involved, this is a fictionalised account drawn from an amalgamation of real-life stories, experiences and testimonials gathered during the research process for this brief. Any resemblance to actual individuals is purely coincidental.
Conflict of interest/acknowledgment statement:
AWAVA was disbanded in 2023. While the group is no longer active, its public statements remain relevant today.
Support
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Disclaimers
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Reference list:
Australian Institute of Health and Welfare. (2023, November 24). Family and domestic violence. https://www.aihw.gov.au/family-domestic-and-sexual-violence/types-of-violence/family-domestic-violence
Australian Institute of Health and Welfare. (2024, February 15). People from culturally and linguistically diverse backgrounds. https://www.aihw.gov.au/family-domestic-and-sexual-violence/population-groups/cald
Australian Law Reform Commission. (2010, November 10). Migration legislation. https://www.alrc.gov.au/publication/family-violence-a-national-legal-response-alrc-report-114/4-purposes-of-laws-relevant-to-family-violence/migration-legislation/
Department of Home Affairs. (2026, February 25). Domestic and family violence and your visa. Australian Government. https://immi.homeaffairs.gov.au/visas/domestic-family-violence-and-your-visa/family-violence-provisions
Dixson, T. (2020, February 4). Safety beyond visa: Removing barriers to support for women on temporary visas subjected to violence. Economic Justice Australia. https://www.ejaustralia.org.au/safety-beyond-visa-removing-barriers-to-support-for-women-on-temporary-visas-subjected-to-violence/
Family Law Act 1975 (Cth). https://www.legislation.gov.au/C2004A00275
Family Safety Victoria. (2022, April 12). Preferred terminology: Definitions of language used in this strategy. Department of Families, Fairness and Housing, Victorian Government. https://www.vic.gov.au/family-violence-lived-experience-strategy/preferred-terminology
Faulkner, D., Wasserman, R., Nasreen, Z., Vincent, K., Levin, I., Dekker, K., Arthur, N., Barrie, H., & Baltra-Ulloa, A. J. (2025). Temporary visa holders and housing: Findings from an investigative panel (Final Report No. 449). Australian Housing and Urban Research Institute. https://www.ahuri.edu.au/research/final-reports/449
Federation of Ethnic Communities’ Councils of Australia. (2016). Open letter: Australian Government must support vulnerable migrant women escaping family violence. https://fecca.org.au/wp-content/uploads/2016/04/Open-Letter-Australian-Government-must-support-vulnerable-migrant-women-escaping-family-violence6.pdf
Immigration Advice and Rights Centre. (2025, March 8). National Advocacy Group calls for urgent women’s safety reform on International Women’s Day. https://iarc.org.au/resources/national-advocacy-group-calls-for-urgent-womens-safety-reform-on-international-womens-day/
Immigration Advice and Rights Centre, & Unions NSW. (2023). IARC and Unions NSW submission to the Parliamentary Joint Standing Committee on Migration: Migration, pathway to nation building. https://iarc.org.au/wp-content/uploads/2024/10/2023-02.13-IARC-and-Unions-NSW-Submission-Migration-Pathway-to-Nation-Building.pdf
Legal Aid New South Wales. (2025, June). Visa applications and the family violence provisions. https://www.legalaid.nsw.gov.au/ways-to-get-help/publications-and-resources/visa-applications-and-the-family-violence-provisions
Migration Regulations 1994 (Cth). https://www.legislation.gov.au/F1996B03551/2025-02-01/2025-02-01/text/1/epub/OEBPS/document_1/document_1.html
National Advocacy Group on Women on Temporary Visas Experiencing Violence. (2022). Blueprint for reform: Removing barriers to safety for victims/survivors of domestic and family violence who are on temporary visas. https://www.homeaffairs.gov.au/reports-and-pubs/files/migration-system-aust-future-submissions/s-z/WESNET_Womens_Services_Network_2_of_2.PDF
Northern Community Legal Centre. (2022). Submission to ‘A Migration System for Australia’s Future’: Department of Home Affairs, departmental review. https://www.homeaffairs.gov.au/reports-and-pubs/files/migration-system-aust-future-submissions/m-r/Northern_Community_Legal_Centre.pdf
Qu, L. (2020). Households and families. Australian Institute of Family Studies. https://aifs.gov.au/sites/default/files/publication-documents/2007_aftn_households_and_families_0.pdf
Robinson, K., Afrouz, R., & Dunwoodie, K. (2025). Domestic and family violence among migrant, refugee, and asylum-seeking women in Australia: A scoping review of experiences and support. Journal of Family Violence. https://doi.org/10.1007/s10896-025-00823-2
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