A small case:

Ms. Li (pseudonym) has been enduring her husband’s abuse and intimidation because she is worried about applying for a spouse’s permanent residence visa, resulting in mental problems, under the advice of the doctor, Ms. Li found an immigration lawyer, and after the lawyer’s evaluation and analysis, it was found that Ms. Li’s husband had domestic violence, although there was no physical conflict during this period, but because of her husband’s abuse and intimidation, Ms. Li’s psychological illness was mental abuse.
Later, with the help of an immigration lawyer, Ms. Li submitted detailed evidence to the Immigration Department and finally successfully obtained an Australian permanent residence visa.

Australia, a land surrounded by vast oceans, is respected not only for its natural beauty and multiculturalism, but also for its high regard for human rights. Here, everyone’s dignity and rights are protected by law, especially women’s rights, and the Australian government has done a particularly good job.
Still, Prime Minister Scott Morrison admitted at the National Summit on Women’s Safety that Australia is not doing enough to protect women from domestic and sexual violence, and that he wants all women and girls to live without fear.

Partner visa is an important visa category under the Australian immigration legal framework that allows individuals with Australian citizenship or permanent residency to act as sponsors to apply for immigration for their foreign spouse. Such applications are subject to strict vetting by the Australian Immigration Department. If approved, the foreign spouse will have the opportunity to obtain permanent residency in Australia. However, if the marriage between the sponsor and the foreign spouse is terminated during the review process, the foreign spouse’s application for permanent residency may be affected. In exceptional circumstances, such as domestic violence suffered by the foreign spouse during the application process, the foreign spouse may still be eligible to apply for permanent residence in Australia on the basis of domestic violence in accordance with the relevant provisions of Australian immigration law.
According to the Australian Immigration Regulations 1994, if the marriage with the spouse (or common-law partner) sponsor is terminated as a result of domestic violence against the applicant, the applicant will still be eligible to continue to apply for a spouse permanent visa.

In Australia, the definition of domestic violence is very broad and includes not only physical harm but also other forms of abuse and control. The following are the acts that are considered to be domestic violence under Australian law:

Physical violence: Any form of physical injury or assault.
Sexual assault: Non-consensual sexual acts or sexual insults.
Financial abuse: Controlling or restricting a family member’s financial resources, such as cutting off financial resources, restricting the use of bank cards, etc.
Emotional or psychological abuse: demeaning, insulting, threatening, intimidating, or other forms of emotional harm.
Social distancing: Control social interactions, limit the use of the internet, phones, cars, etc.
Harassment: SMS, phone calls, network harassment, stalking, surveillance, etc.
Other forms: dangerous driving, destruction of property, pet abuse, and threatening custody of children.

For more information on domestic violence rules, see the Department of Home Affairs website .

In Australia, if you have experienced domestic violence while applying for a spouse permanent visa, the Department of Immigration accepts the following types of evidence to prove that domestic violence has occurred:

The court ruled that if you have sought help from the police, legal aid center, or other organization, and they have intervened in the investigation and provided statements or proof, the court has ruled in the end.

In the absence of a court ruling, the Australian Department of Immigration accepts the following types of evidence to prove that domestic violence has occurred:

Medical report: A medical certificate from a doctor, psychologist or nurse about domestic violence.
Police report: If you have reported domestic violence to the police, a report made by the police can also be used as evidence.
Social worker’s certificate: A certificate from a social worker or other professional regarding domestic violence.
Sworn Statement: A sworn statement made by you or someone in the know about the incident of domestic violence.
Non-judicial appraisal/report: A non-judicial appraisal or report on domestic violence issued by relevant experts.

Specifically, evidence acceptable to USCIS includes:

Court injunctions under family law
An order of any court in Australia
Court conviction
Non-forensic expertise/reports
Declaration of oath
Other evidence as prescribed by the Minister for Immigration

You can find the documents that match your situation and the specific information you need to provide from the Department of Home Affairs website.

In the case of domestic violence, here are the detailed steps to deal with domestic violence in Australia:

1. Call the police in case of emergency: If you are in danger or need emergency help, please call 000 to call the police.
2. Contact your local police station: You can go to the nearest police station to report domestic violence, and the police have a responsibility to protect your safety.
3. Seek domestic violence services: Contact anti-domestic violence services who can provide emergency assistance, counseling, and support.
4. Apply for a Domestic Violence Intervention Order: You can apply to the court for a Domestic Violence Intervention Order to legally prohibit the abuser from approaching or harassing you.
5. Collect evidence: Keep all evidence related to domestic violence, such as medical reports, police reports, photos, text messages or emails, etc.
6. Court Procedure: If required, you may need to attend a court hearing where the judge will make a judgment based on the evidence.
7. Seek legal assistance: Consider seeking the help of legal counsel who can provide you with professional legal advice and speak on your behalf in court.
8. Protect yourself and your family: If necessary, find a safe place to live, such as a shelter, to keep you and your family safe.

Disclaimer: The information on this page was updated in 2024 for general informational purposes and is not intended to provide legal advice on a case-by-case basis, the content is protected by the Platform, and the author and the Platform have prepared this page based on real-time publicly available information from sources they believe to be reliable at the time of writing, but have not independently verified such information. The content of the information on this page is subject to change without notice, and the author and the platform expressly disclaim any liability for the consequences of any action taken or inacted in reliance on any content of the text.