- This Instrument is made under paragraph 1.24(b) of the Migration Regulations 1994 (‘the Regulations’).
- Regulation 1.24 of the Regulations relates to paragraph 1.23(9)(c) of the Regulations
- 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)).
- 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)).
- This instrument therefore specifies the type and number of items of evidence for paragraph 1.24(b).
- 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.