Immigrant Women and Family Violence: Will the New Exceptions Help or Hinder Victims?

Abstract

Migrant women may be at greater risk of experiencing family violence. Yet, they may also encounter particular difficulties in leaving the violent home, This paper identifies one particular difficulty: the process and evidentiary issues that some migrant women have experienced in using the Family Violence Exception provision (Migration Regulations 1994 Cth). This legislation has been amended a number of times to better meet the needs of victims of family violence seeking to escape the violent home and obtain a permanent visa. The most recent amendments took place in 2012. We examine changes to the evidentiary grounds and process and ponder the possibility of potential ongoing problems.

Keywords: Family violence, Migration law, family violence exception, immigrant women and family violence, culturally and linguistically diverse women and family violence.

JEL Classification: K19, K40