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Is a threat of deportation 'Family Violence'?
Could threatening your intimate partner in the context of a spouse 820/801 be relevant to a claim of "Family Violence"?
Apart from being behaviour that is less than optimal it appears that such behaviour will be relevant to the opinion of the IE.
http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCCA/2019/1560.html
Comments
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Saturday, 15 June 2019Great victory Chris.
Have to chuckle at the IE's comment at [55]:
"[The applicant’s] fear appears to be primarily in relation to his fear of having to return to Germany (where he fears for his life) or being charged with an offence in Australia. The IE formed the opinion that if it were not for his fear of having to return to Germany, [the applicant] may not have chosen to stay in this unhappy and possibly abusive relationship. The IE understands the criteria as being that fear of returning to the country of origin is not relevant as an example of family violence."
So the IE is suggesting that you can chose to avoid FV by leaving a relationship, and if you don't leave then it doesn't count as FV. Where do they get these "experts" from? -
Monday, 17 June 2019
Judge Manousaridis at 50:
violence is not just physical it includes belittling.
My words: you can belittle someone by mocking the way they speak.
Why was this relevant domestic violence?
ratio decidendi:
57. It is the fear of return that gives rise to the power in the sponsor to humiliate the holder of a subclass 820 visa or to coerce the holder to do something the holder would otherwise be unwilling to do.
Immigration blog
I won a Family Violence case for a male applicant at the Tribunal based mainly on threats of deporting. The IE agreed.