Australia — immigration · immigration

How to Prove Family Violence for a Partner Visa in Australia

You do not have to stay in an abusive relationship to protect your immigration status in Australia. Under the Migration Regulations 1994 (Cth), eligible partner visa applicants can be granted permanent residency independently if their relationship ended due to domestic abuse or coercive control. Understanding whether to present judicial or non-judicial evidence is critical to satisfying the Department of Home Affairs.

The Australian Family Violence Exception and Your Rights

In Australia, sponsors often attempt to control temporary visa holders by threatening deportation or promising to cancel a visa application. Under Division 1.5 of the Migration Regulations 1994 (Cth), the law explicitly protects partner visa applicants from this coercion. If you hold or have applied for an onshore Partner visa (subclass 820/801) or a provisional offshore Partner visa (subclass 309/100) and entered Australia, you can still be granted permanent residence even if your relationship with your sponsor has broken down. This protection also extends to subclass 300 Prospective Marriage visa holders who entered Australia and lodged an 820/801 application.

This legal safety net regularly assists visa holders arriving from countries such as India, the Philippines, China, Nepal, the United Kingdom, and Vietnam, where perpetrators may exploit isolation, financial dependence, or cultural stigma. To succeed under Regulation 1.23, you must prove two fundamental thresholds: first, that you were in a genuine and continuing relationship with your sponsor prior to the breakdown; and second, that family violence (or part of it) occurred during the course of the relationship. Under Regulation 1.21, family violence is defined as conduct—whether actual or threatened—towards the alleged victim, their family, or their property that causes the victim to reasonably fear for their safety or wellbeing, encompassing physical violence, psychological abuse, sexual assault, and financial or coercive control.

Judicial vs. Non-Judicial Evidence Under LIN 23/026

The Department of Home Affairs provides two distinct pathways to prove family violence: judicial evidence and non-judicial evidence. Judicial evidence is legally binding and decisive. It includes a final court-ordered protection order made under state or territory law (such as an Apprehended Violence Order [AVO] in NSW, a Family Violence Intervention Order [FVIO] in Victoria, or a Domestic Violence Order [DVO] in Queensland) made after a full hearing or by consent without admissions. It can also include a criminal conviction against your sponsor for domestic violence offences or a family law injunction under section 68B or 114 of the Family Law Act 1975. Interim protection orders are generally insufficient on their own as judicial evidence unless backed by further court findings.

If you do not have a court order, you can use the non-judicial pathway governed by legislative instrument LIN 23/026. You must provide a comprehensive statutory declaration by the applicant detailing the relationship and specific incidents of violence, accompanied by supporting reports or declarations from at least two specified 'competent persons'. Qualified professionals under current rules include medical practitioners, registered nurses, midwives, registered psychologists, social workers, family violence crisis support workers, and police officers. If the Department's visa delegate is not convinced by the non-judicial documentation, they are legally required to refer your claim to an Independent Expert (contracted by Home Affairs) rather than outright refusing the visa, giving you a chance to be assessed clinically.

Notifying Home Affairs Safely and Managing Your Case

The most critical procedural rule is that you must never withdraw your partner visa application. If you voluntarily withdraw the visa, you instantly surrender your right to claim the family violence provisions. If your relationship has ended, your formal obligation under Section 104 of the Migration Act 1958 is to notify the Department of Home Affairs of a change in your circumstances. This is typically done through an ImmiAccount update or by submitting Form 1022 (Notification of changes in circumstances) while concurrently declaring that you are claiming the family violence provisions.

Ensure your contact details in ImmiAccount are updated immediately to a private, secure email address and phone number that your former partner cannot access, and revoke any authorized recipient or migration agent chosen by your ex-partner. You will be given a formal deadline (often 28 days) to submit your complete evidentiary pack, though reasonable extensions can be requested if you are waiting on specialist medical reports or court dates.

Please note: This guide is for informational purposes only and does not constitute formal legal advice; Caunsel is not a law firm. If you are preparing to notify the Department, you can use Caunsel to research Division 1.5 evidentiary standards, securely store your sensitive records and timelines in a private case file, or connect with an independent Australian immigration lawyer or registered migration agent (RMA) to review your documentation before submission.

Steps

• Secure your physical safety and private communications: Call 000 in an emergency or 1800RESPECT (1800 737 732) for crisis accommodation and counseling, and immediately change your ImmiAccount login credentials to an email your partner cannot monitor.
• Notify the Department of Home Affairs of the relationship breakdown without withdrawing the application: Submit a Form 1022 or ImmiAccount update notifying the Department that the relationship has ended and formally stating your intention to invoke the family violence provisions under Division 1.5.
• Gather proof of the genuine relationship: Compile joint bank statements, leases, photographs, and past communications to establish that the relationship was genuine and continuing before the breakdown.
• Compile judicial or non-judicial domestic violence evidence: Secure either a final court protection order/criminal conviction, or your statutory declaration alongside written evidence/reports from two authorized professionals (e.g., GP, registered psychologist, social worker, or police officer) under instrument LIN 23/026.
• Upload evidence and request extensions if required: Lodge the complete evidentiary package via ImmiAccount within the requested Departmental timeframe (usually 28 days), requesting a written extension if medical or court reports are pending.

Common mistakes

• Withdrawing the partner visa application: Withdrawing ends your application entirely, cancels your bridging visa, and forfeits your legal right to rely on the family violence provisions.
• Relying solely on an interim protection order: Interim AVOs or temporary intervention orders do not qualify as final judicial determinations under Regulation 1.23; you must supplement them with non-judicial professional reports if a final order has not been made.
• Neglecting to prove the relationship was originally genuine: The Department cannot grant permanent residency under the provisions if they suspect the relationship was non-genuine or transactional before the violence occurred.
• Leaving your former partner or their agent as the authorized contact: Failing to submit Form 956 to remove your sponsor's immigration agent means confidential Departmental correspondence may be sent directly to your abuser.
• Submitting non-judicial reports from non-specified professions: Home Affairs strictly rejects evidence from friends, spiritual leaders, or unqualified counselors unless they meet the exact statutory criteria of a 'competent person' under LIN 23/026.

Questions people ask

Can my sponsor cancel my partner visa or deport me if I report the abuse?

No. A sponsor cannot cancel your visa or have you deported. Only the Department of Home Affairs and the Minister for Immigration have the legal authority to grant or cancel visas. If you invoke the family violence provisions under Division 1.5 of the Migration Regulations 1994, your visa process continues independently of your sponsor.

What happens if the Department doesn't believe my non-judicial evidence?

Under subregulation 1.23(10), if a visa delegate is satisfied that your relationship was genuine but is not satisfied that family violence occurred based on your non-judicial evidence, they are legally required to refer your claim to an Independent Expert. The Independent Expert conducts an objective clinical assessment and provides an opinion that the Department must accept.

Can I claim the family violence exception if I only hold a Bridging Visa A?

Yes. As long as you have already lodged a valid onshore Partner visa application (subclass 820/801) or eligible offshore partner visa while in Australia, you can claim the family violence provisions even if the temporary subclass 820 has not yet been granted.

General information only, last updated 2026-10-19. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in Australia — immigration.