Australian Immigration Daily News

The instrument repeals Migration Regulations 1994 — Evidentiary Requirements — IMMI 12/116 in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the Acts Interpretation Act).

That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.

The Migration Regulations provide special provisions relating to family violence (Division 1.5 in Part 1 of the Migration Regulations), including when an application for a visa is taken to include a nonjudicially determined claim of family violence (see subregulation 1.23(9) of the Migration Regulations).

For an application for a visa to be taken to include a non-judicially determined claim of family violence, various requirements must be met including (all mentioned provisions are of the Migration Regulations):

• the applicant seeks to satisfy a prescribed criterion that the applicant, or another person mentioned in the criterion, has suffered family violence (paragraph 1.23(9)(a)); and
• the alleged victim is a person described in paragraph 1.23(9)(b); and
• the alleged victim, or another person on the alleged victim’s behalf, has presented evidence in accordance with regulation 1.24. 5 Regulation 1.24 of the Migration Regulations provides that the evidence mentioned in paragraph 1.23(9)(c) is a statutory declaration (paragraph 1.24(a)) and
• the type and number of items of evidence specified by the Minister in a written instrument (paragraph 1.24(b)).

The purpose of this instrument is to specify the type and number of items of evidence, for the purposes of paragraph 1.24(b) of the Migration Regulations.

The instrument specifies the following types of evidence:

• Medical – written documentation provided by a medical practitioner, registered nurse or midwife;
• Police – written documentation provided by a police officer, or by a witness to a police officer;
• Child welfare officer – written documentation provided by an officer of a child welfare authority or a child protection authority of a State or Territory;
• Family violence support service provider – written documentation provided by an organisation that provides domestic and family violence assistance or support;
• Social worker – written documentation provided by a social worker;
• Psychologist – written documentation provided by a psychologist;
• Family consultant / family relationship counsellor – written documentation provided by a family consultant or a family relationship counsellor;
• Education professional – written documentation provided by a school counsellor, school principal or teacher.

Source: LIN23026.pdf and LIN23026-Explanatory-Statement.pdf