IMMI 12/116-EVIDENTIARY REQUIREMENTS-Family Violence-Paragraph 1.24(b)
Key Words: family violence
Date: 01/11/2012


  1. This Instrument is made under paragraph 1.24(b) of the Migration Regulations 1994 (‘the Regulations’).
  2. Regulation 1.24 of the Regulations relates to paragraph 1.23(9)(c) of the Regulations
  3. Subregulation 1.23(9) of the Regulations provides for when an application for a visa is taken to include a non-judicially determined claim of family violence.  Various requirements must be met, including that:

(a)        the applicant seeks to satisfy a prescribed criterion that the applicant, or another person mentioned in the criterion, has suffered family violence (see paragraph 1.23(9)(a)); and

(b)        the alleged victim is a person specified in paragraph (b) (see paragraph 1.23(9)(b)) ; and

(c)        the alleged victim or another person on the alleged victim's behalf has presented evidence in accordance with regulation 1.24 that:

  • the alleged victim has suffered relevant family violence; and
  • the alleged perpetrator committed that relevant family violence (see paragraph 1.23(9)(c)).
  1. Regulation 1.24 specifies that the evidence mentioned in paragraph 1.23(9)(c) must be:

(a)        a statutory declaration under regulation 1.25 (which deals with statutory declarations by or on behalf of alleged victims) (see paragraph 1.24(a)); and

(b)        the type and number of items of evidence specified by the Minister by instrument in writing for paragraph (b) (see paragraph 1.24(b)).

  1. This instrument therefore specifies the type and number of items of evidence for paragraph 1.24(b).
  2. The purpose of the Instrument is to form a part of a preliminary response to the Australian Law Reform Commission’s report titled Family Violence and Commonwealth Laws - Improving Legal Frameworks, which was released on 8 February 2012.
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