AUSTRALIA needs new immigration laws to protect migrant women fleeing family violence, according to the Australian Law Reform Commission. Its final report on family violence and Commonwealth laws, released by Attorney-General Nicola Roxon yesterday, recommends several immigration law reforms to allow migrants on temporary visas to stay and seek help.
Recommendations in the report include:
The creation of a new temporary visa to allow secondary visa holders, such as the partners of international students, to stay in Australia to seek help or apply for residency.
Extending family violence provisions to migrants on prospective spouse visas.
Simplifying the evidence of family violence required by immigration tribunals.
The proposals were welcomed by domestic violence and migrant services struggling with a surge in temporary migrants seeking help.
Reform of the Migration Act is "long overdue," said Fiona McCormack, chief executive of Domestic Violence Victoria. "This is a human rights issue for Australia we have a positive obligation to provide protection to women in Australia to live free from violence. Complexity and inconsistency within the immigration system contributes to the extremely difficult situation faced by migrants and refugees experiencing family violence."
The number of migrant women claiming family violence when applying for permanent visas has increased by 45 per cent in the past financial year. In the same time frame, 250 women on temporary visas sought help from the Immigrant Women's Domestic Violence Service, a 10 per cent increase on 2010. While some have been allowed to stay, others, such as the wives of international students, have no rights under Australian law, and have been deported after leaving their husbands. While the service's chief executive, Maya Avdibegovic, welcomed the recommendations, she called on Immigration to screen sponsors of potential spouses' visas. "The women are promised a good life, they come here and when they have no support, they find out they'll live with a really violent person. Not enough is done to check a sponsor is of good character."
One African woman lived on $100 a week in charity for four years until granted permanent residency in October 2009 after she left an arranged marriage with a man subsequently jailed and then deported for assault of family members.
"Many of the issues these women are forced to face have not been of their own making," said Kathy Russell, manager of the Women's Liberation Halfway House. She said the reforms could help "alleviate the issue of being dependant on services, or maybe friends, to financially support them in all facets of their lives as they have no access to the basic necessities of life."
The federal government has not indicated if it will adopt any of the recommendations in the wide-ranging report, which also takes in Centrelink regulations and superannuation, but its response is expected by mid-year. "The Australian government takes a very strong stance on family violence and child abuse and is committed to improving Commonwealth laws to respond to this issue," Ms Roxon said.
Frequently Asked Questions about this Article…
What immigration law reforms does the Australian Law Reform Commission recommend to protect migrant women from family violence?
The ALRC's final report recommends several immigration law reforms to help migrant women fleeing family violence: creating a new temporary visa for secondary visa holders (for example, partners of international students) so they can stay to seek help or apply for residency; extending family violence provisions to migrants on prospective spouse visas; and simplifying the evidence of family violence required by immigration tribunals. The report also calls for broader reform of the Migration Act.
How would a new temporary visa for secondary visa holders work for partners of international students?
The report proposes a new temporary visa specifically for secondary visa holders — such as partners of international students — to allow them to remain in Australia while they seek help or pursue applications for permanent residency. The intent is to give vulnerable migrants the legal right to stay and access support rather than being forced to return to unsafe situations.
Does the report suggest changes for people on prospective spouse visas and sponsor checks?
Yes. The ALRC recommends extending family violence protections to migrants on prospective spouse visas. The report and advocates also urge better screening of sponsors for spouse visas, with service providers calling for checks on a sponsor's character to help prevent vulnerable women being placed with violent partners.
What does the report say about evidence requirements for family violence in immigration tribunals?
The report recommends simplifying the evidence immigration tribunals require to prove family violence. The aim is to reduce complexity and inconsistency in the immigration system so migrant and refugee women experiencing family violence can more easily access protection and legal pathways.
How big is the increase in migrant women claiming family violence when applying for permanent visas?
According to the article, the number of migrant women claiming family violence when applying for permanent visas increased by 45% in the past financial year. Additionally, 250 women on temporary visas sought help from the Immigrant Women's Domestic Violence Service — a 10% increase on 2010 figures.
Which organisations and officials supported the report’s recommendations on protecting migrant women?
The report was released by the Australian Law Reform Commission and published by Attorney‑General Nicola Roxon. It was welcomed by domestic violence and migrant services, including Domestic Violence Victoria (quoted via CEO Fiona McCormack), the Immigrant Women's Domestic Violence Service (CEO Maya Avdibegovic), and the Women's Liberation Halfway House (manager Kathy Russell), all of whom highlighted the need for reform and better protection.
Does the report cover issues beyond immigration law that could affect migrant women, like welfare or superannuation?
Yes. The ALRC's wide‑ranging report also examines Commonwealth laws beyond immigration, including Centrelink regulations and superannuation, as they relate to family violence and the protection of migrant women.
What should everyday investors watch for as the government considers the ALRC report on migrant women and family violence?
Everyday investors may want to monitor the federal government's response, which the article says is expected by mid‑year. Relevant developments could include whether the government adopts reforms to the Migration Act and related policies. Investors interested in social services, charities, community housing or organisations that support migrants should watch policy announcements and potential demand changes, since domestic violence and migrant services have reported surges in temporary migrants seeking help.
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