Statutory declaration changes for family violence victims

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Created on Tuesday, 19 June 2012 14:41

Written by Editorial staff

New changes are set to be made to Australia's immigration laws to provide greater assistance for people on provisional partner visas who are victims of family violence.

The new measures, which were jointly announced on Sunday (June 17) by minister for immigration and citizenship Chris Bowen and minister for the status of women Julie Collins, will see the evidence requirements for visas based on claims of family violence streamlined.

According to Bowen, the current process involves a series of technical requirements and applicants are required to obtain statutory declarations.

This, he explained, is a repetitive process for some visa applicants, who may have already given a written record of their situation with a service provider or government agency. It can also be an emotional and difficult ordeal for some victims.

When these records exist elsewhere, Bowen said, it is "fair and sensible" to obtain this information from these sources.

According to Collins, the measures - which are set to be implemented on November 24 - "will make a real difference to the lives of women on temporary visas who have experienced the trauma of family violence".

The changes to the Migration Act have come about following discussions between Bowen and the Immigrant Women's Speakout Association.

Migration agents will want to be aware of interim updates to Department of Immigration and Citizenship policy guidelines that take effect ahead of November 24. These outline that any evidence provided on top of the mandatory statutory declarations should also be considered by immigration officers when making decisions on this type of visa application.

The Migration Act changes complement an amendment to the Family Law Act that took effect on June 7 this year, which extended protective measures for individuals who are victims of family violence.

In the coming weeks and months, the Department of Immigration and Citizenship is meeting with a number of organisations that work with the victims of family violence to determine exactly what types of evidence will be accepted.

Bowen emphasised that while the changes will make preparing this type of visa application more flexible, a "minimum standard" will be implemented to ensure the integrity of assessments.

The changes are the latest in a series of overhauls to Australia's migration system, which also include the streamlined SkillSelect online expression of interest program for skilled migrants set to get underway from the beginning of next month.